I'm a us citizen and want to applie for my dad , this is his situacion , he worked in Denver for a few years , in the 1980s he obtained his legal SSN number . In the present he's out of the country .
I agree with Attorney Feldman. He will need the form I-601 hardship waiver to be approved.
If you are over 21 you may petition for your Dad and he would be considered an immediate relative. After he left in 2009 he triggered a ten year penalty and assuming he has not tried to come back since that date he is eligible to apply for a waiver of that penalty if the equities are there. You should have a consultation with an immigration lawyer and include him on the phone call to make sure all the facts are known about his immigration and criminal history before starting on this complex process.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
I agree. Understand he will need a waiver for the unlawful presence bar which was triggered in 2009 when he departed. You will also need to speak to an attorney about any other (possible) bars he may have which may also need waivers. He will need to consular process and file for the waiver after filing the I-130. Be sure to consult an excellent AILA attorney.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).