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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Question 25 Years, Married, I-212

    The story:
    My father is a Canadian citizen. He was in the US for almost 25 years and had his green card but not citizenship. Has been married to a US citizen for 20 of those years and still is. He was deported from California after serving two years in prison for what I am fairly certain is deemed an aggregated felony. That charge could be fought and possibly won if he was here.

    My questions:
    Is an I-212 waiver an option?
    Because he is married to a US citizen, can that be leveraged in any way?
    Due to his age, are there any other routes to take, being aging and away from his family is a hardship.
    If all else fails can he ever visit on a short term visa?

    Thank you all in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 25 Years, Married, I-212

    Is an I-212 waiver an option?
    No. The I-212 provides a possible exception ONLY if it has been 15 years or more since the conviction. Additionally, in 1996, certain amendments made the I-212 unavailable to LPRs with aggravated felony convictions.

    As an LPR, your father would be ineligible.

    Because he is married to a US citizen, can that be leveraged in any way?
    No.

    Due to his age, are there any other routes to take, being aging and away from his family is a hardship.
    No. When the I-212 talks about hardship, it is referring to the hardship of the citizen spouse - your mother would need to prove that his absence is an extreme hardship for her, not for him.

    If all else fails can he ever visit on a short term visa?
    No.

    Conviction of an aggravated felony results in deportation and a lifetime ban. That means he cannot ever come back.

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