Can parents be rejected for I-130??

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vaitbajram

Registered Users (C)
I become citizen on 12/18/09, and filed 2 separate I-130 for my parents. However, my father was in US during 1994 to 2000 on tourist visa, and overstayed in US "illegal". He was basically 4 year illegal in US. I heart stories that the US ambasy might give him problems or reject his I-130.
Any thoughts? Can they do that? I mean the basic rights of becoming US citizen is the right to vote, and the right to bring your parents. Do they have the right to reject him/them??
 
He is subject to the 10-year bar. Make sure his interview is delayed until 10 years have passed after he left the US in 2000. Otherwise they will deny the case because the 10-year bar has not expired yet (unless he gets lucky and they decide to postpone/reschedule it instead of denying).

For the interview he should also bring proof that he left the US in 2000 (e.g. passport arrival stamps) in case they ask him to prove that he has completed the 10 years of waiting.
 
Thanks for reply

I can't belive that. I think he left June 2000, so 10 year bar will make it June 2010. Can he just say that he left US earlier like March 2000? Is there ahy way for them to find out??
 
vaitbajram said:
I can't belive that. I think he left June 2000, so 10 year bar will make it June 2010. Can he just say that he left US earlier like March 2000? Is there ahy way for them to find out??
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You're willing to risk a lifetime bar for fraud after waiting 9 years and 9 months, just to save 90 days? Wow.
 
Why Risk?

vaitbajram said:
I can't belive that. I think he left June 2000, so 10 year bar will make it June 2010. Can he just say that he left US earlier like March 2000? Is there ahy way for them to find out??
Click to expand...


Buddy...why would you want to do that? just relax start the process and I am sure the interview date will be after 6 months...

Please do check if the 10 yr rule is valid for application or interview...

also check if the rule was passed after 2001 or before.
 
vaitbajram said:
I can't belive that. I think he left June 2000, so 10 year bar will make it June 2010. Can he just say that he left US earlier like March 2000?
Click to expand...
How will he prove he left in March 2000?

Even if they don't ask for proof or he manages to fudge some proof and get the green card, they can revoke his green card after they find out. If they eventually dig up some evidence that he was still in the US after the claimed departure date, he is doomed.
 
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10year ban

Where can I find that rule and when it was posted? That means they might deny my mom as well, since she presented fake document 10 years ago in order to get visa.
 
Section 212(a)(6)(c)

What was the document she supplied, and more importantly, why did she supply it?

vaitbajram said:
Where can I find that rule and when it was posted? That means they might deny my mom as well, since she presented fake document 10 years ago in order to get visa.
Click to expand...
 
Fake proof of work

My mother on the day of the interview for tourist visa, provided document for my father that he is working in my uncle's company. In actuality he was in US at that time. Also they asked my mom, where is your husband, and she said outside waiting for me. Then they asked her to bring him in. My father not being present in the ambasy at that time, they rejected my mom, and told her that she commited serious crime and she will never be let to go in US. All this was 10 years ago. So I don't know if I 130 will help as immidiate relative???
 
It seems she was banned under 212(a)(6)(c).
If there is any hope for a waiver, you will need a very competent attorney. Do not rely on advice from this forum's members to help her out. She needs competent representation.

vaitbajram said:
My mother on the day of the interview for tourist visa, provided document for my father that he is working in my uncle's company. In actuality he was in US at that time. Also they asked my mom, where is your husband, and she said outside waiting for me. Then they asked her to bring him in. My father not being present in the ambasy at that time, they rejected my mom, and told her that she commited serious crime and she will never be let to go in US. All this was 10 years ago. So I don't know if I 130 will help as immidiate relative???
Click to expand...
 
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