Parent reentry ban

R

Rosomak10

New Member
Hi,

I have a question. My father exceeded his stay in the United States on his tourist visa. He now has a banned entry into the United States until 2027 (10 year ban). I recently became an American citizen and thought that this can help him get rid of this ban. I talked to an immigration lawyer and they told me that there is no way to shorten it. Is this true? There are no waivers that can help him? Or anything else that can help him expedite the process?
 
On what visa did he enter the US? Did he have a date on his I-94? If so, how long after that date did he leave the US? What is the status of your mother?

If he had stayed in the US until now, then it would be very straightforward for him to get a green card.
 
Tourist visa B2
Entered in 2005 left 2017
I believe he got it for 6 months.
My mom has no status in USA
Few days ago he got denied for new visa
 
No, she is not currently in the US. However, whenever she did come here she entered legally and left before her visa expired.
 
You can petition both of your parents to immigrate, but your father will not be able to do the next step, Consular Processing for an immigrant visa, until his ban is over or waived. What you can do is have your mother immigrate first. The moment your mother enters the US with her immigrant visa (thus becoming a US permanent resident), your father can apply for a waiver based on her suffering extreme hardship if he can't be in the US. "Extreme hardship" is a very high standard to meet. Also, by the time that your mother can get the immigrant visa, plus the time it takes to adjudicate your father's waiver, your father's ban will likely be almost over already, so there may not be much advantage to a waiver anyway.
 
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