Hello Everyone,
I am US Citizen since July 2011. I would like to file immigration petition for my Parents, mostly for my Mom because my Father now has tourist visa for 10 years, my Mom also had the same type of visa before 2008. She came 3 times to visit me in US, first time in 2006 (3 months), second time in 2007 (5 months) and then last time in 2008 but I never had opportunity to see here even if I was waiting for her at the airport for several hours. My Mother was inadmissible to the US per section 212a(7)(A)(i)(I) of the INA and was allowed to withdraw her application into the US in lieu of a formal expedited removal from the US under section 235(b)(1). This situation happened on May 24 2008, I am thinking that she got 5 years ban because of strong possibility that she was working in the US during her previous visit. When she was going back home on September 2007 she was stopped for inspection (just before her flight), they checked her pockets, etc. She had $3400 in her wallet. She had never said back then that she had been working in US. When she came on May 24 2008 Immigration Officer took her on the side and kept asking questions about coming into US not just for visit but to work and make money. After long hours of investigation my Mother gave up and agreed to sign the sworn statement (questions from the I867A, I867B), basically she agreed that she only helped a friend one time. So then Immigration Officer cancelled her visa and stamped her passport with the number 212a7AiI and said that she can come back if she wants to work here but with different type of visa. After long hours of investigation (they took her fingerprints; I guess they started her criminal record) she went back to Poland.
I would like to know if I file for her now, will there be any issues or will it be OK as the 5 year BAN is complete (hopefully that was just 5 year ban, not 10). Please help me with this situation, if I have to do any additional paperwork (waivers) or it will be better if I will hire lawyer for the filling or maybe I can do it on my own, and if I will do it by myself then do I need to attach any paperwork regarding investigation to I-130? And then question 16 on that form I-130 says; has your relative ever been under immigration proceedings? My answer will be YES and then they asking when; May 24 2008 and then they asking if this was removal, exclusion/deportation, rescission or judicial proceedings. What should I choose? My answer should be removal? I really do want to fill this out correctly. Do I have to attach any documentation explaining this situation? For example any Record of Deportable/Inadmissible Alien?
Please advise. Please help. Thank you so much!
I am US Citizen since July 2011. I would like to file immigration petition for my Parents, mostly for my Mom because my Father now has tourist visa for 10 years, my Mom also had the same type of visa before 2008. She came 3 times to visit me in US, first time in 2006 (3 months), second time in 2007 (5 months) and then last time in 2008 but I never had opportunity to see here even if I was waiting for her at the airport for several hours. My Mother was inadmissible to the US per section 212a(7)(A)(i)(I) of the INA and was allowed to withdraw her application into the US in lieu of a formal expedited removal from the US under section 235(b)(1). This situation happened on May 24 2008, I am thinking that she got 5 years ban because of strong possibility that she was working in the US during her previous visit. When she was going back home on September 2007 she was stopped for inspection (just before her flight), they checked her pockets, etc. She had $3400 in her wallet. She had never said back then that she had been working in US. When she came on May 24 2008 Immigration Officer took her on the side and kept asking questions about coming into US not just for visit but to work and make money. After long hours of investigation my Mother gave up and agreed to sign the sworn statement (questions from the I867A, I867B), basically she agreed that she only helped a friend one time. So then Immigration Officer cancelled her visa and stamped her passport with the number 212a7AiI and said that she can come back if she wants to work here but with different type of visa. After long hours of investigation (they took her fingerprints; I guess they started her criminal record) she went back to Poland.
I would like to know if I file for her now, will there be any issues or will it be OK as the 5 year BAN is complete (hopefully that was just 5 year ban, not 10). Please help me with this situation, if I have to do any additional paperwork (waivers) or it will be better if I will hire lawyer for the filling or maybe I can do it on my own, and if I will do it by myself then do I need to attach any paperwork regarding investigation to I-130? And then question 16 on that form I-130 says; has your relative ever been under immigration proceedings? My answer will be YES and then they asking when; May 24 2008 and then they asking if this was removal, exclusion/deportation, rescission or judicial proceedings. What should I choose? My answer should be removal? I really do want to fill this out correctly. Do I have to attach any documentation explaining this situation? For example any Record of Deportable/Inadmissible Alien?
Please advise. Please help. Thank you so much!
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