The question is whether your father generated more than one year of unlawful presence in the United States.
If an alien:
1) generates one year or more of unlawful presence (i.e. remained in the United States one-year after the expiration of his visa) and;
2) that alien thereafter departs the United States (leaving on voluntary departure qualifies as "departing from the United States"), that person in statutorily illegible for the issuance of a visa for a period dog ten years.
The ten year bar can be "waived" in certain circumstances where a qualifying U.S. citizen relative is able to establish extreme hardship.
I advise consulting with an experienced immigration attorney.
VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: firstname.lastname@example.org - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com
They can apply at any time. However, issuance of a visa is at the sole discretion of the consular officer.
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.
He will need a waiver.
Kyndra L. Mulder, Esquire
The Mulder Law Office, P.A.
4110 Southpoint Blvd., Suite 101
Jacksonville, Florida 32216