Q: I want to bring my parents from Colombia. They were here as tourist but stay for 12 years. Do I need waiver or wait 10y
Do I need a waiver or just wait until next year to file the application. I’m a US citizen and next year it’ll be 10 years since they left. So to my understanding the got the 10 year ban since they left on their own without any case or l legal issues. So I’m guessing it’s easier to wait until next year and avoid the waiver. Thanks
A: Assuming their only issue is the 10-year bar due to more than 1 year of unlawful presence in the United States followed by a departure, then they wouldn't need to file a waiver once they can demonstrate that they have actually spent 10 years outside of the United States. Because of current processing times for the required underlying petitions for relatives to be filed with U.S. Citizenship & Immigration Services (USCIS) and for the immigrant visa processing through the National Visa Center (NVC), you may wish to file now the petitions (if you have not already done so) so that by the time their 10 years outside of the U.S. is nearing completion, you will have already gotten out of the way the initial step with USCIS. For more detailed information about the process, consider scheduling a consultation with a competent immigration attorney. Some law offices, like mine, offer telephonic or online Skype consultations for individuals who may not be able to attend an in-person appointment.
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