Sponsoring visitor visa for my father who overstayed in his last visit to USA

[animageofmine]

I am looking for some answers in this case. My father came to USA in 1998 on student visa (approved for six months). But he overstayed for 10 years and returned back to india in 2008. I have my graduation ceremony/convocation and want to sponsor my father for visitor visa. Also my husband has applied for green card. I am on H1B visa. I have couple of quick questions and would really appreciate your advice in this regards.

1. Should my father apply for visa (He is 62 years old)?
2. Because I would be sponsoring him (via I-134), Would there be any leagal implications on me or my husband with regards to visa and green card because of my father's visa history?

 

I hope I haven't missed out any important factors to consider. Thank you in advance.

[rahul412]

Their is no sponsorship for visiting visa. A person on H1 CANNOT sponsor ANY type of US visa except H4. Since your father has violated US laws, better to contact an attorney before attending visa interview.

[animageofmine]

Hi Rahul, I was referring to form I-134, more kind of Affidavit of support, which means you are responsible for his stay at US including financial responsibilities. He will definitely go back this time in time, but my concern was more to do with any legal implications because of his past and if I would be affected by it in any way.

 

I would be happy to contact an attorney, but just wanted to get some insight if this needs further attention or not. Thank you for your reply.

[JoeF]

Form I-134 is not needed. Courts have even hold that it is not enforceable.

There is no sponsoring for visitors.

[pontevecchio]

Your Dad will be ordinarily  subject to a 10 year ban from entering since his last departure under the circumstances described. Hence speak to a Lawyer. The affidavit of support is not relevant to a tourist visa.

[t75]

He may have a 10 year bar. IMO, he is likely to be DENIED because of his past history.  He can see a video of your graduation.

[animageofmine]

Thank you everyone. As for the form I-134, ******* and instructions of the form seem to indicate that it is a required form to fill out in case you are supporting a visitor financially (see the hyperlink). Not sure, why are a couple of folks in the thread talking otherwise.

 

If rejection is the only possible worst case, then I am ok with the application because waiting for 10 years will be too much. He will be older by that time and might not be able to enjoy his visit, if he is not completely healthy then. I will contact an attorney for sure to find out any possible legal implications on us.

[animageofmine]

Just for FYI, I had a chat with Attorney. Following is the summary:

 

I would not have any legal implications even I would be supporting him financially. His application to visa and my visa status are orthogonal. But it is unlikely that his visa request will be approved.

 

We are still going to give it a shot anyway. Thank you everyone for their comments and help.

[t75]

You must realize that his overstay was a very serious violation of US immigration law and the trust that was placed on him when he was granted the privilege of studying in the US. The fact you would think to expect he should be able to visit a country whose laws he violated only 6 years after leaving is astounding. His age is irrelevant. It is your choice to work in the US; if you want him to be able to visit you, you need to plan to return home.

[JoeF]

Just for FYI, I had a chat with Attorney. Following is the summary:

 

I would not have any legal implications even I would be supporting him financially.

Yes, that's what I meant with "the I-134 is not enforceable." It is meaningless. It is not needed.