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Posted (edited)

My mom and dad left the United States after being here 12 years and left to Mexico, they left voluntary. Now I want to get their residency. Can they apply for the 601 and 212 waiver?  At what point in the Immigration process can we submit those waivers? 

Edited by maggy_0035
  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

You’ll have to go through the I 130 process first, wait for approval, file paperwork with the National Visa Center and then when your parents have their interview at the consulate they will get denied and will be told by the officer whether or not they’re eligible to file the waivers. 

Filed: Timeline
Posted (edited)

From what you wrote, it appears that they do not have a "qualifying relative" who can file the I-601 waiver for your parents.  That would need to be a US citizen or LPR who is a spouse or parent of the person needing the waiver.  If that is true, your parents need to remain outside the US for at least their 10 year ban for unlawful presence.

Edited by jan22
 
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