Bringing parents back (asylum originally denied)

[curiousone 0]

Long time lurker, recently filed my N-400. I realize it will take time, but in order to be prepared, I'm curious as to how I can eventually file for my parents because I haven't found anything similar to their situation that can guide me. They exhausted all appeals for their asylum case (which was originally granted) and are back in the homeland. Their fantastic ( ) attorney did not tell them what voluntary departure meant and so they kept fighting until their last appeal. They ultimately did not feel comfortable staying here undocumented (they were put on removal proceedings) and headed back home. (Which has been scary and daunting.)

I have heard (you hear so many things) about the 10 year ban and how it may affect them. I'm curious as to how this works in this instance and whether or not I'll have to file a hardship waiver (I've heard it's basically impossible to get) and if the fact they left the country benefits them at all (you'd think, since they followed the rules, sigh).

I plan on consulting an imm. attorney, but I like knowing a little something before I embark on anything. I'm really curious to either 1) hear similar personal experiences or 2) become more learned on what mine/their options are.

Thank you!

Edited November 24, 2013 by curiousone

[aleful 1,905]

hi,

first, to file for parents you have to be a USC. until you have your oath ceremony and get your certificate of citizenship you aren't a USC. you will need to send a copy of it with each i130, parents are filed separately.

one big problem, your parents have a 10 year ban, you didn't mention when they left the US, there is no waiver for parents. children cannot file a hardship waiver on behalf of their parents.

you can file for them once the 10 year ban is up, the ban was triggered as soon as they left the country.

[NigeriaorBust 4,087]

Also there is the danger of a finding of a frivolous asylum filing which is harder to overcome.

[Boiler 45,662]

Which country are they from, what Consulate would you be using.

What was the basis of their asylum claim?