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

Asked over 1 year ago - New York, NY

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.

Additional information

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. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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.

  2. Michele Susan Lewane

    Contributor Level 10


    Lawyers agree

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

  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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