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I-130 for my parents living abroad after being deported 12 years ago

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  • I-130 for my parents living abroad after being deported 12 years ago

    Hello,

    I am a US CITIZEN, who wants to file for my Mom and Dad. They were in removal proceedings in 2010, and left the USA with voluntary departure in 2010. They have now been living abroad in Central America for 12 years.
    Since it has been over the “10 year bar” that everyone talks about can I file myself a I130 and get that approved for it to be sent to the NVC. Or is there anything else I have to file for example form 212? I am pretty confident that I can do all the filing myself i have always donde my proper filing to even become a citizen. I look forward to your responses!! Thank you

  • #2
    First of all, if they left according to the terms of voluntary departure, they do NOT have the 10-year ban for having been removed. They might have a 10-year ban for unlawful presence and then leaving the US, or other bans based on other circumstances, which you have not described.

    Second, you can file I-130 no matter whether they have bans or not. The I-130 is just about establishing the relationship. Bans only matter at the step where they apply for the immigrant visa. At that point, if they don't have a ban anymore, they don't need to do anything special.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your prompt response.

      In 2009 ICE came to our residence looking for a person who we had never seen nor heard of. They asked my parents for documents and we were on an overstayed visa and that was where the process begain.

      my father was a religious worker and he got an i 360 approved and an i 485 approved. But the last date we had to go before the judge she said we would not adjust status in usa due to not entering with a religios visa, and entering with a b1/b2. Even after getting EAC’s and SS # and the i-485 approved.

      i did not leave under voluntary departure in 2010 due to that i was married with a US CITIZEN. now that i am a citizen i want to petition for my mom and dad, but i had that doubt if any other applications have to be filed other than the I-130 and affidavit of support, and the documents that the NVC and local embassy will ask for for their interview at their local embassy.

      i look forward to any additional comments

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