Usually almost never after what you described, but in this case, given the age, maybe the consul will have a heart (they hardly ever do, all they do is recite INA section 214(b), e en in their sleep..)
The elderly gentleman will have to show (and prove) what is different now and might still need to overcome 214(b) immigrant intent presumption.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
He is subject to a ten year undocumented presence ban for his overstay which would have taken effect when he left the US in 04. The penalty should be up in 2014 in any case.
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I couldn't answer this without reviewing your history.
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