US Citizen Son: Filing For Parents having 10 Year Ban

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Rajeev Malya

Registered Users (C)
Hello Everyone,
Coming Back to Forum after long time. This forum has guided me through many immigration process from my arriving into US and becoming a US Citizen.
Once again this forum is my preferred stop for advice.
I am a US Citizen since last Three Years based on Marriage to US citizen in Yr 2005. I am willing to file immigration Petition for my Parents. My mother had been to US on Visiting Visa in Yr 1993 and overstayed for 8 years and came back to India willingly in 2001 while I was in India. During that time Year 2002 our immigration petition by my Mom's brother was opened but we were denied Visa because of her overstaying. I believe we were into the category of 10 Year Ban.
Now the 10 Year Ban for my mother is about to complete in Year 2012 and I am willing to apply for my parents being a US Citizen Child. During this 10 year period i tried Visiting Visa for them but they were denied the Visa.
I would like to know that if I file for them now, will there be any issues or will it be okay as the 10 Year Ban is complete. Please guide me or give any views if you have come across case like this, if I need to do any additional paperwork. Is it better to have lawyer for the filing or will it be a regular immigration filing as the 10 Year Ban is complete now.
Please advice.
 
You can file for her a few months before the 10-year ban expires. The important thing is for the 10 years to be done before she goes to the interview. She may also need to bring evidence to the interview that she left the US at least 10 years ago, in case they ask for it (did she attend a consular interview in 2002 for that petition that was denied?).
 
She came back in Feb 2002 and appeared for consular interview in March 2003 during which the Visa was denied. The arrival stamp on the passport is the only proof we can show that she arrived back to home country in Feb 2002. So counting from Feb 2002 the 10 Year Ban will complete in Feb 2012. So I am planning to file after Feb 2012 so the 10 year mark of staying outside US is completed. In the Year 2008 We tried to call my father only (Age 68) on visiting Visa for my graduation ceremony but this time also the Visa was denied. I am not sure if the ban had anything to do with the denial. Please advice if there is any other important thing that we need to prepare during the filing.
 
It's OK to file the I-130 before the 10-year ban expires, as long as the 10 years are finished before the interview. So you can file for her right now, because the interview will surely be after Feb 2012, by which time the 10 years would be completed.
 
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Thanks for you reply. Have you or anybody come across a similar situation like this, who has filed after the 10 year ban and got the Visa. Because I will be very disappointed this time if the Visa is denied.
 
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