Immigration Law Question: immigration visa eligibility for Unlawful present people

[Wenmin Lai]

I am applying green card for my parents. My problem is my parents overstay in US after their application for extend of stay was denied in 2010. They stay for more than half year but less than one year unlawfully. Actually they are legally admitted to US, but overstay for some reason. And then they go back to their country for another year already.

I want to know if there possibility of my parents's visa will be denied. How can I do? I already submit the application, paid for everything. their visa application will be submitted very soon.

Thank you for your help

[Wenmin Lai]

I am applying green card for my parents. My problem is my parents overstay in US after their application for extend of stay was denied in 2010. They stay for more than half year but less than one year unlawfully. Actually they are legally admitted to US, but overstay for some reason. And then they go back to their country for another year already.

I want to know if there possibility of my parents's visa will be denied. How can I do? I already submit the application, paid for everything. their visa application will be submitted very soon.

Thank you for your help

[SunDevilUSA]

If your parents remained in America illegally for more than 180 days, then they face a three year bar against reentry.

I guess that illegally overstaying their permitted period of stay seemed like a good idea at the time!

[Someone12]

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[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Wenmin Lai:
I am applying green card for my parents. My problem is my parents overstay in US after their application for extend of stay was denied in 2010. They stay for more than half year but less than one year unlawfully. Actually they are legally admitted to US, but overstay for some reason. And then they go back to their country for another year already.

I want to know if there possibility of my parents's visa will be denied. How can I do? I already submit the application, paid for everything. their visa application will be submitted very soon.

Thank you for your help </div></BLOCKQUOTE>
Hello Lei and welcome to the forum.

One suggestion, please put "Immigration Law Question" as part of your Post's title. That way, you will get honest answers from forum members and not the riftraff posts such as Someone12.

First, I am assuming you are a US citizen applying for your parents for green card to live in the U.S. Second, your parents are in a three year bar. Until the bar is completed, your parents would not qualify to adjustment of status. If they are denied during the process, they may apply for a waiver using Form I-601. For more information, please click here.

Good luck to you and your family. I hope everything works out well.

[Someone12]

sorry...no waiver for parents of irresponsible adult children....

[Someone12]

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[Don Fernandez]

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[Don Fernandez]

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[NO AMNESTY!!!]

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[Someone12]

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[Don Fernandez]

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[Don Fernandez]

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[ProudUSC]

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[OldE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Wenmin Lai:
I am applying green card for my parents. My problem is my parents overstay in US after their application for extend of stay was denied in 2010. They stay for more than half year but less than one year unlawfully. Actually they are legally admitted to US, but overstay for some reason. And then they go back to their country for another year already.

I want to know if there possibility of my parents's visa will be denied. How can I do? I already submit the application, paid for everything. their visa application will be submitted very soon.

Thank you for your help </div></BLOCKQUOTE>

1. We are not lawyers and public forums are not for legal advise.
Contact immigration attorney to evaluate your case.
If you can't pay use Google to search for immigration lawyers who would be willing to discuss your case for free.
Click here to chose one or use your own search criteria to narrow focus by your city, state or other parameters you need.
Some lawyers will offer pro bono services (meaning - full representation without any charge).

2. Your parents, if overstayed less less than a year and more than six months, will be barred for three years from re-entering.
If they have been back home for 1 year already, they may be eligible for visa in as little as two years from now.
If there is an urgent matter you can try to file waiver.

3. I am not a lawyer, only a layman. I have only basic knowledge of INA and you should not rely on any opinion received on public forum as guide for a legal proceeding.
See # 1.

Good luck.