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What waivers does my father qualifies for? I-601, I-601(A), 212(d)

New York, NY |
Filed under: Green cards

As a US Citizen, I have an approved I-130 for my father. He has 10 yr bar of inadmissibility. He is in the foreign country now, no criminal records, not deported, left US voluntarily. Me (USC) and my sister (Green Card holder) here in US.
I am confused, does he qualify for I-601(A) waiver or any other waiver? Can I get him a tourist visa?
What options do I have?
Do we have to wait until 10 yr expires (2017), or can he qualify for I-601(A) even though he is not in US.

I am under Immigration section here it says: Home > Research Legal Advice > Immigration > What waivers does my father qualifies for? I-601, I-601(A), 212(d)

Attorney Answers 3


  1. This is posted in the workers compensation section- for people who are hurt at work. You need to post this in the immigration section.


  2. The I-601(A) is for individuals present in the United States. You will have difficulty securing a tourist visa for him as he inadmissible. There is a waiver process for such visa, but the consulate will likely suspect he intends to immigrate.

    However, your father may be eligible for a waiver of inadmissibility filed on Form I-601. This will require your father to demonstrate his qualifying relative would suffer extreme hardship if forced to wait for the 10 year bar period to run. I would encourage you to consult with an experienced immigration attorney about the matter to discuss the hardship factors and process.


  3. The only thing that can be determined from your posting is that he does not qualify for an I-601A. Whether he qualifies for any other waiver can only be determined through a complete review of all immigration documents.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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