My father is a college graduate of the US. He received an MBA, made an honest living, and paid all of his taxes. My father married my mother, a US citizen, and together they gave birth to me and my 26 year-old sister in the US. Unfortunately, my father was convicted of marriage fraud in 1996 for his first marriage (with a woman other than my mother) and was deported shortly after. It has been 18 years since my father has been able to step foot into US, and I was wondering if there is any hope he can ever return to the US to our family again.
If he was deported in 1996 and had a 10-year bar, he has cleared that bar and can return with an approved family petition. However, please obtain a copy of the deportation order and if he was convicted in court of marriage fraud, also bring the certified court disposition record and make an appointment with an experienced immigration attorney to review these documents before you petition him.
There is no waiver for marriage fraud. Have an immigration attorney look everything over to make sure he was actually found to have committed marriage fraud. If he was, his options are minimal.
This is not legal advice. This response does not establish an attorney-client relationship.
The primary issue here is whether he could not prove that the marriage was true or whether he was found to have committed marriage fraud. Before you spend the time and money on petitioning for your father, I would consult with an experienced attorney. If you do not have all of the documents related to the deportation matter, a Freedom of Information Act request can be made. A finding of marriage fraud will make it difficult for your father to return via consular processing.
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