My father had been in the U.S. for 20 years under temporary resident status. Back in 2005 he was denied an extension and was told by the USCIS officer that the only way he could become a permanent resident was if a US Citizen son or daughter petitioned him. I am about to become a citizen filing under military service. After my father was denied the extension he was notified a short-time after that, that his mother was ill. He left the country voluntarily and has been out for almost 7 years. My question is.. what problems could we encounter when I petition him under I-130 or what steps should I take? Any advice? Of course I am planning on seeking advice from an attorney, but want to have an idea of what I should expect.
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Petition for father who left voluntarily ..
- Thread starter frankie08
- Start date
Find out the exact reason why he was told to leave. Most true "temporary residents" under legalization programs converted to full Lawful Permanent Residents except when prevented due to specific LEGAL reasons. Find out his. HE may need to file a FOIA request to find out if he no longer has the old paperwork to check.
He was never told to leave or in deportation process. He left the country cause of a family emergency.
You said he was denied an extension of his temporary residence status. THAT was for a reason. What was the reason?
OR are you confusing his actual status? Was he an OVERSTAY on a tourist or student visa? Something else? There are MANY varieties of immigration status and TEMPORARY RESIDENT is a short term status via legalization back in the 1980s. Those folks either became greencard-holders automatically or had to apply for it or got denied and either simply told to leave or placed in Deportation/Removal Proceedings. Some went "underground". Before you bother filing anything find out the facts of the case.
Parents don't always tell their kids the whole story...