Too often family members decide to fill out immigration forms for loved ones without first consulting an attorney. Unfortunately, this gets people families into trouble.
Recently, I had a family who came to my office seeking advice on how to get their father/husband back to the United States (U.S.). What happened is that one of the daughters over the age of 21 submitted a family-based petition on behalf of her father with the objective of submitting a I-601A Waiver through the beneficiary’s United States citizen parent.
Family based petitions start with the submission of a Form I-130. Applicants are asked to submit comprehensive biographic information. The United States Customs and Immigration Services (USCIS) send an approval letter, Request for Evidence, or a denial. If approved, applicants who came into the U.S. without inspection are allowed to submit an I-601A provisional waiver state-side. Applicants can stay in the U.S. while their provisional waiver is pending. Once the provisional waiver is granted applicants are then scheduled for an interview at a U.S. Consulate or Embassy in their country of origin.
Now, the untrained eye can make the horrific mistake of submitting a family-based petition without carefully analyzing whether their loved one has any ineligibility or temporary/permanent bar issues, which hill affect their ability to immigrate into the U.S. legally. For purposes of this article, we will stick to the permanent bar issues that might affect a person’s ability to come back into the U.S. legally.
Some persons who seriously violated immigration laws can be permanently barred from immigrating to the US. People who are ordered deported can be barred permanently. When such persons leave and return or attempt to return to the U.S. without a visa or another legal way, they are permanently barred from entering the U.S. If the person does not come back illegally, he/she would be subject to the 10-year bar as their illegal stay was for more than a year. But when that person ignores this and attempts to come back without inspection, that is when this permanent bar applies. It is a very strict aspect of immigration law and there is no way around this permanent bar.
Ultimately, I don’t recommend that go at it alone. Hire a skilled attorney who can guide you through your immigration matter.