Hernando, FL Immigration Law Firms & Lawyers

It does not look good. He might be barred for another 10 years if he was re-deported. This might only be waived with a waiver that can accompany a non-immigrant visa but there is little likelihood of approval of that given the facts.

It all depends on the manner that he entered the US. If he entered with a visa and overstayed, then you can petition for him and he will receive his residency. If he entered the US illegally, you can still petition for him but he will have to leave the country in order to be approved and received residency. This is a risky process and there is no warranty that he will be allowed to return to the US.

Many people immigrate to the States by having the principal alien come first for a variety of reasons, and there is no disadvantage to having your father follow within the six months that he is given on the immigrant visa. There should be no issue with your mother and your sister coming in first. Neither would there be an issue with your father coming in later. The only rule of Immigration in this regard is that the dependent cannot precede the principal alien to the United States.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.