Pls help my father enter US

[scorpsteals]

1

[taco]

My father visited US in the past on a visitors visa around 8 years back and overstayed for making money. He was in US for about 4 years without paying much attention to his status. He got transferred to F-1 but he didnt maintain status. He also had a drivers license and a social security number too. While coming back to India he didnt submit his I-94 also.
I am a green card holder and need my father to somehow come to US. My father also made a new passport after filing for a lost one back in india.
My concern is can he now apply for a visitor visa as if he has never been to the US. My Mom already has a 10 year visa and now in india. She has no problem visiting me. My only concern is dad. Pls help me. Thanx in advance

If he overstayed his status after April 1997 for more than 180 days, then
he is subject to 3/10yr entry bar;3 yrs for an overstay 180days to one year
and 10 yrs for an overstay one year or more.

The embassy will easily find out if he lies on his application that he never went to US. They have the old visa application on record. Then he will be in
real trouble for lying. Penalty for lying is permanent ineligibility.

Options;
1. If he is subject to the 10 yr bar (he should try to calculate whether
he overstayed his status by more than one year), you could contact an
attorney and try to get a waiver for him. Then he could apply
for the visa telling the truth on the form and giving a good reason why
he overstayed so long back. But even then he will have to prove
stronger ties to India (like business , job, financial status).

2. If option 1 does not succeed, he should wait till you become a citizen,
and apply for his immigrant visa which is fast for parents.

[taco]

Thank you for all the help. Adding on the option 2 you gave me that is apply for my citizenship and then apply for my father's immigration. Will my father not face any problems then because of his overstay in the US since he wouldn't have completed his 10 years ban yet. Thank you again for giving me some direction.

How much time has he completed in India after returning from US?
And when do you become eligible to become a US citizen?
There may be some waivers for a 10 yr bar available for immigrants but you will have to consult an attorney for this. There is more info I'll
send you on your private message.

Also, take into consideration that your dad did not deposit
his I-94 while leaving US, so immigration won't have
any record of his departure.He will have to show his old passport
with an Indian entry stamp to prove when he departed from US.

[taco]

Yes. After you become a US citizen, you can file for your dad's immigrant visa under the immediate relative category. The visa usually takes about a year. But your dad will need a waiver from the 10 yr bar. And a good
attorney may be able to get it.
I strongly suggest you consult a GOOD attorney before filing for your dad.