US Citizen Parent Overstayed B2 Visa and Left

[Nica_In_Love 98]

Looking through some of the previous posts, I'm still not very clear of the possibilities for this case.

 

Scenario:

Naturalized US Citizen wishes to petition parents

One parent overstayed B2 visa: -- lawful entry 2000 voluntary exit 2009

 

I have read about doing AOS, but the parent already left many years ago. There were no removal proceedings, or criminal background. I am unclear if there is a ban on the parent. Also, there is no way to prove lawful entry, as the old passport and visa have now been lost.

 

Is it possible to petition the parent? I have read about waivers, but they seem to indicate the parent must be in the US.

 

Any ideas? Thanks in advance!

[old-fella 109]

10-year ban
If you accrue unlawful presence of more than 365 continuous days, then leave prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.

 

 

[Unlockable 7,315]

1 hour ago, Nica_In_Love said:

Looking through some of the previous posts, I'm still not very clear of the possibilities for this case.

 

Scenario:

Naturalized US Citizen wishes to petition parents

One parent overstayed B2 visa: -- lawful entry 2000 voluntary exit 2009

 

I have read about doing AOS, but the parent already left many years ago. There were no removal proceedings, or criminal background. I am unclear if there is a ban on the parent. Also, there is no way to prove lawful entry, as the old passport and visa have now been lost.

 

Is it possible to petition the parent? I have read about waivers, but they seem to indicate the parent must be in the US.

 

Any ideas? Thanks in advance!

There doesn't need to be removal proceedings or criminal activity in order for someone to incur a ban for overstay. After 9 years of living in the US (bans start at 3 years for 180 days overstay and 10 years for 360 days overstay), a 10 year ban would occur from the time your parent left the US. The good news is that 2019 is right around the corner so the ban may be lifted next year. That is, if all of your dates are accurate.

 

Your parents doesn't have to be here for you to file for them. That is for adjustment of status procedures which does not apply to you since ther parent has left the US.

[Nica_In_Love 98]

1 hour ago, NuestraUnion said:

There doesn't need to be removal proceedings or criminal activity in order for someone to incur a ban for overstay. After 9 years of living in the US (bans start at 3 years for 180 days overstay and 10 years for 360 days overstay), a 10 year ban would occur from the time your parent left the US. The good news is that 2019 is right around the corner so the ban may be lifted next year. That is, if all of your dates are accurate.

 

Your parents doesn't have to be here for you to file for them. That is for adjustment of status procedures which does not apply to you since ther parent has left the US.

 

Thanks! So, just to be clear, if they are still in the US, they are not banned and can proceed with AOS. If they left, then they are banned for 10 years.

 

I quickly read through other posts, and it seems the majority related to people still in the country.