Bringing back my parents to the US (previously present in US)

[Redhead04 0]

I am currently in the process of naturalization. My parents brought us (brother and I) with a tourist visa (B1/B2) in 10/2005. We overstayed our visas and eventually I was able to start my process when I married a US citizen. However, my parents separated and went back to Colombia. Now that I'm becoming a US citizen I'd like to petition them to come back here as it's been extremely difficult for me to help them financially from here. I heard about a waiver/pardon process since technically they are "inadmissible" back in the US for 10 years (they've been out of the country for 2.5 years). Form I-601. Has anyone gone through this same process before? What type of evidence will I need to provide to have a better chance of approval? Would you definitely recommend going through a lawyer (I know I should but who really has $3K+ laying around )? I have done all of my paperwork on my own without any delays or issues up to this point but this one is very tricky. 

 

Thanks in advance!

[Unlockable 7,309]

Hi,

 

Once they left the US they incurred a 10 year ban. 

 

 

As for the waiver, from my understanding and memory only spouses or children of quality for waivers. Since they left the US the ban started and the may have to wait out the ban (7.5 more years.)

 

I will do some more research and confirm this. If I am wrong hopefully someone will chime in and let you know.

[Redhead04 0]

9 minutes ago, NuestraUnion said:

Hi,

 

Once they left the US they incurred a 10 year ban. 

 

 

As for the waiver, from my understanding and memory only spouses or children of quality for waivers. Since they left the US the ban started and the may have to wait out the ban (7.5 more years.)

 

I will do some more research and confirm this. If I am wrong hopefully someone will chime in and let you know.

Thanks for this info! I'm doing some research about it and apparently parents may qualify under "extreme hardship" but there isn't much info on it. 

[Unlockable 7,309]

1 minute ago, Redhead04 said:

Thanks for this info! I'm doing some research about it and apparently parents may qualify under "extreme hardship" but there isn't much info on it. 

Yes. That means you must show that by them not being here in the US it is causing you extreme hardship.

 

You can possible find similar cases regarding your parents on immigrate2us.net. They have a lot of members there whose cases require waivers.

[NigeriaorBust 4,087]

 When seeking relief of a 3 or 10 year bar for unlawful  presence  the qualifying relative must be a USC/LPR  parent or spouse.  See page 12 of the instructions for the I 601.

Unless your parents have a parent or spouse that is a USC/LPR they do not qualify for the waiver

[Redhead04 0]

1 hour ago, NuestraUnion said:

Yes. That means you must show that by them not being here in the US it is causing you extreme hardship.

 

You can possible find similar cases regarding your parents on immigrate2us.net. They have a lot of members there whose cases require waivers.

Thanks for the tip!!  

1 hour ago, NigeriaorBust said:

 When seeking relief of a 3 or 10 year bar for unlawful  presence  the qualifying relative must be a USC/LPR  parent or spouse.  See page 12 of the instructions for the I 601.

Unless your parents have a parent or spouse that is a USC/LPR they do not qualify for the waiver

Oh man ... okay I'll read that! thank you!

[aleful 1,905]

hi

 

as stated you don't qualify for them to get a waiver, if they overstayed over a year, then the ban is 10 years.

 

you can file for them close to when the ban is up, around 6 months, since the ban has to be up before their interview