Is it possible to get an immigration waiver for a 10 year ban? 6 Answers as of July 08, 2013

What are the probabilities of my parents getting a waiver for their 10 year ban? My dad has been out of the US for eight years, and my mom for three. My younger brother and I would like to be reunited with our parents as soon as possible. We're both US citizens, but I'm only 18, and I'd have to wait three more years to be able to petition for them. What would you recommend, trying for the waiver or waiting until I'm 21? Would trying for the waiver be worth it?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Baughman & Wang
Baughman & Wang | Justin X. Wang
It is unclear if your parents have green cards. If not you will have to wait to file petition for them when you reach 21. If they are permanent residents, they may be put in removal proceedings when they return to the US as they have been outside the US for too long unless they can prove they could not come back for reasons beyong their control. There is no waiver for this problem. You should consult with immigration lawyer for advise.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Even if they try for the waiver what would their underlying relief be if you are not acting as the petitioner - is your brother 21 or older? You will need underlying immigration relief coupled with the waiver if they have a 10 year ban, it is not either or - it is both. Good luck.
Answer Applies to: Florida
Replied: 7/12/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The answer is complicated as it depends somewhat on the facts underlying the ten year ban, was there a criminal conviction involved, deportation order? For an immigrant visa they would need a sponsor and a waiver. You cannot sponsor until you are 21 and most employment sponsors will take many years to do them any good unless they would qualify in one of the advance degree categories. To get a nonimmigrant visa they would first have to qualify for that category - I would suggest a consultation with an experienced attorney to determine what they might qualify for - and then they will need a Sec. 212(d)(3) nonimmigrant waiver. Again the facts of their deportation will be relevant to the best strategy. I would suggest you schedule a paid consultation to try and work through these issues for the best resolution.
Answer Applies to: California
Replied: 7/12/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
You are talking about two different immigration concepts. First, a US citizen must be 21 to petition for a parent. There is no waiver to allow you to file before you are 21. Once you turn 21 you can petition for them, however, if one or both of your parents are still subject to the 10 year bar for unlawful presence and now want to return prior to the 10 years than a waiver is necessary.
Answer Applies to: Florida
Replied: 7/12/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
The waiver which you describe is for the spouses and children of a Legal Permanent Resident or a U.S. Citizen. Your parents do not qualify for this type of waiver. This is a common error that many people make. The notoriousharship waiver is not available for those entering as Consular Processing as parents.
Answer Applies to: Texas
Replied: 7/13/2011
Click to View More Answers: