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My father entered to the us illegally in 1999, and in 2009 he left the country. How can he get a pardon from immigration?

Denver, CO |

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 .

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Attorney answers 3

Best Answer
Posted

I agree with Attorney Feldman. He will need the form I-601 hardship waiver to be approved.

Asker

Posted

How long can it takes for this form to be approved?

Asker

Posted

When it's the right time to apply for this form, since I applied for him in 2002 form I -130, and this application was denied due to abandonment. Do I need to apply for I-130 also and then 1-601 or how?

Rehim Babaoglu

Rehim Babaoglu

Posted

You will have to file again, after approval, you will need tofile I-601 w/USCIS, however if He's in Mexico, he will carry the 601 in to the interview. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.

Asker

Posted

He will need the 601 letter of approval right?

Posted

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
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Asker

Posted

Thanks a lot for your time!

Posted

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.

www.ailalawyer.com

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).

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