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Immigration Issues/Dependent Visa for parents -after deportation


Hello Sir,

This is Phil, currently work in US on H1B. My parents are in India and I am trying to process dependent visa (B1/B2) for them.

My father had been to US on H2B visa in 1999 and due to overstay, he had been deported. Here is the details:

Visa expiry: 11/1999
Traveled on 03/1999
Deported on 10/2001

He had submitted the details to Calcutta US consulate after reaching India. Now it's been more than 11 years since he left US. His passport got expired and now has a new passport. I need your expert advice regarding this.

My question is, is there any problem for applying again? He is not sure about the deportation period (5, 10 or 15 yrs). Is there any special process/documents or approvals required?

Please help with your advice for getting the visa


Dear Phil:
It seems that your father had a 10 year bar; so, now he should be fine.  However, please understand that B1B2 is not a dependant visa but visitor's visa.  And, being on H1B you may not apply dependant visa (H4) for parents.  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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