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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 134356
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Is there any way that Dad could come to the USA as a tourist

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Is there any way that Dad could come to the USA as a tourist and we could apply for his LPR status once he is already there and living with us?

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

I think I mentioned that that he is NOT supposed to try to visit during that process. Let me explain that if he has (or will apply for) an ESTA Visa Waiver or B visitor visa, he is NOT supposed to use either to enter the U.S. if his intention is to stay. This is considered to be visa fraud and if they do not let him in, one of three things can happen:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

I am truly sorry. I wish I had better news, but stick with expediting of the Humanitarian Parole. Let me know if you need anything else, it was a pleasure to work with you.

Customer: replied 17 days ago.
Thanks again, Guillermo. I understand your message. I will look into the Humanitarian Parole. Best wishes to you.

You are very welcome. If you need additional help on this case, just reply here and I will help if I can. For any different cases in the future, remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

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