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Originally Posted by dado123
Sorry to hear you are going through this and hope it resolves successfully. My father also has a prior asylum case, which failed and got him deported (along with wife, children), really a nightmare. This happened in 1995. His case was found frivolous. Fast forward 29 years later since this happened. He now has his F4 visa date current (approved 1-130), with 245i protections. But due to this frivolous asylum case in 1995, he needs a 601-a waiver for fraud/misrepresentation, but does not have a qualifying relative (US Citizen\LPR spouse or parents). So …. We are seeking legal counsel into the possibility of having his prior political asylum case reopened and terminated, to hopefully clear up erroneous errors , fraudulent statements, misstatements, misrepresentations, is this at all advisable? Any thoughts are helpful. From anyone reading on this forum.
Further in your/this case when you “re open / terminate a case” do you actually go in front on an Immigration Judge ? And have someone from like DHS trying to prosecute you ? Or is it all done by legal motions/forms, and the applicant/beneficiary does not actually go in front of an Immigration Judge?
My father fucked up … by lying yes i agree too , but him and his family paid the price , we were deported in 1995, came back in EWI, in 1995, and he has been here since , 29 years later. Is otherwise a model person, done taxes , worked his entire life, no criminal history … except erroring in trying to find status for his family… which why I believe he said and did what he did in trying to apply for political asylum in early 1990’s/93/94/95, approximately.
His F4 Visa Date is now current with 245i protections…. We need legal counsel if there is anyway for him to AOS inside the country? He needs a 601/a waiver but does not have a qualifying relative.
Is it advisable to reopen / terminate his prior political asylum case ? Would this even clear up errors, misstatements, lying… ?
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Pre-IIRIRA proceedings are not exactly my forte.
On the bright side there is no permanent bar for frivolous asylum or permanent bar for unlawful re-entry after a deportation before April 1, 1997. On the flip side google is really bad for searching for stuff this old.
Suspension of deportation might be an option if he had 7 years of physical presence in US prior to the service of Order to show cause (basically what starts removal proceedings).
When it comes to clearing the finding of frivolousness - maybe it could be done - reopen and withdraw, argue ineffective assistance of counsel or argue that the facts presented were true (frivolousness requires fabrication, not that the claim was too weak to ever be approved), and maybe it'd work. Like I think the order would outright have to say that the finding of frivolous asylum is vacated.
Last option is - if he doesn't have a qualifying relative for a waiver - can you make one?
Got a USC sibling who could petition for your mother? Mother should have 245(i) eligibility by being a derivative of that F4 petition. Got a grandparent on father's side that could be petitioned why the uncle/aunt and then use one of those for an I-601?