Question: My father was caught at the border and sneaked back in. Does he qualify for I-601A – Application for Provisional Unlawful Presence Waiver? He has been kicked out by border patrol 3 times in 2000, 2001, and 2003. They got his fingerprints every time. He has been here in the United States since 2003. He’s been a very good person. He has had no problems, criminal convictions, or violations of any sort. He hasn’t even had a traffic ticket. He’s just been working the entire time. I filed a I-130, Petition for Alien Relative, for him and it has been approved. Would he qualify for an I-601A or should I just wait and file the I-601, Application for Waiver of Grounds of Inadmissibility, after the interview?
Answer: Well, when you say he’s been kicked out. Was he deported or removed? The other thing is how much time did he spend in the United States before he was kicked out? If he had 1 year of unlawful presence, then left the country because he got kicked out, then returned illegally as you point out, and then got kicked out again then it seems to me it’s very likely he’s subject to what they call a Permanent Bar. So, No, until you know exactly what his prior immigration history is I think it’s very dangerous to file anything for him and I think ultimately when he goes to the U.S. Embassy he is going to be denied a visa because he’s going to be found inadmissible under 212(a)(9)(C), the Permanent Bar.