Outside US Parent Petition

[Dec]

Hi,

I became a Citizen Today. I need to petition my Father. He is currently in Venezuela. Should I summit a I130 with a I485?? Or just a I130?

[newacct]

Just an I-130

[Dec]

Just an I-130

How is the process? He had a visa and came to visit me because I had a daughter and he stay 5 months left for 3 months and came back stayed for another 5 months and tried to come back 3 months later. he is retired so he was just spending time with his granddaughter. but last time his entry got denied and his visa cancelled. will this affect at all? will he be granted another visa to come and then file the i485?

[newacct]

How is the process? He had a visa and came to visit me because I had a daughter and he stay 5 months left for 3 months and came back stayed for another 5 months and tried to come back 3 months later. he is retired so he was just spending time with his granddaughter. but last time his entry got denied and his visa cancelled. will this affect at all? will he be granted another visa to come and then file the i485?

After the I-130 is approved, it goes to NVC and the consulate for him to do Consular Processing and get an immigrant visa. He will not file I-485 (which is for Adjustment of Status, the process of getting permanent residency from inside the US) during this process.

His denial of entry, almost certainly for failure to overcome immigrant intent, does not affect him getting an immigrant visa, assuming he was allowed to depart voluntarily and was not removed.

[Dec]

After the I-130 is approved, it goes to NVC and the consulate for him to do Consular Processing and get an immigrant visa. He will not file I-485 (which is for Adjustment of Status, the process of getting permanent residency from inside the US) during this process.

His denial of entry, almost certainly for failure to overcome immigrant intent, does not affect him getting an immigrant visa, assuming he was allowed to depart voluntarily and was not removed.

He came and got denied entry and got sent back the next day to venezuela. I don't know how to be certain that he was not removed?
In the case he was removed how does that affect petitioning him?

[PKumar01]

You can just ask him to show you the form that the Customs/Border protection officer gave them. I-275?

[Dec]

You can just ask him to show you the form that the Customs/Border protection officer gave them. I-275?

I just got all my fathers paperwork from that day. He got an I-860 235 b 1 Section 212(a)(7)(A)(i)(1)

Will that give me any trouble when I summit my I-130 for him?

[Dec]

235 b 1 Section 212(a)(7)(A)(i)(1)

[newacct]

I-860 seems to be expedited removal, and INA 235(b)(1) is the section about expedited removal. So it seems like he was removed.

Removal on arrival triggers a 5-year 9A ban. If he wants to immigrate within the 5 years, he would need to get permission to reapply by filing I-212. After the 5 years, he would not need to file anything special.

[Dec]

I-860 seems to be expedited removal, and INA 235(b)(1) is the section about expedited removal. So it seems like he was removed.

Removal on arrival triggers a 5-year 9A ban. If he wants to immigrate within the 5 years, he would need to get permission to reapply by filing I-212. After the 5 years, he would not need to file anything special.

So I this point If I will like to request the Permission to reapply. What comes first? I-130 and when we get to the process of issuing a immigrant visa to come summit the I212. or summit the I212 first?

[newacct]

So I this point If I will like to request the Permission to reapply. What comes first? I-130 and when we get to the process of issuing a immigrant visa to come summit the I212. or summit the I212 first?

I believe you would file the I-130 petition first, wait for it to be approved and then go to NVC and the consulate, and then he would file I-212 once he has an immigrant visa case.