Petitioning for Parents who overstayed their visas!

R

Rick Moranis

Registered Users (C)
My friend is an American citizen and he would like to petition for his
>parents. The problem is that they are already living in the USA. They
came
>here a while ago and overstayed their tourist visas. Would they have
to
>leave the country and be penalized or is there a waiver in this case??
>Thanks so much for your attention!
 
Petitioning for Brother and Sister!

Is it true though that to petition for a brother or sister who are older than 21 can take up to 10 years or more to be approved?
 
JoeF said:
Overstays of immediate relatives of US citizens are forgiven. Parents of a US citizen are immediate relatives. So he can file an I-130 for them and they can file I-485s.
This is specified in INA 245 and INA 201.
They should not, however, travel abroad until they are PRs, because travel abroad before becoming a PR would trigger a 3- or 10-year ban, depending on how long they overstayed.
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You mention 245 I thought that law had expired already! And is it true though that to petition for a brother or sister who are older than 21 can take up to 10 years or more to be approved?
 
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