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I am a US citizen, and I am trying to bring my dad back to the US. he came in 2002 and returned to Peru in 2004 with a voluntary departure. At the interview with the US embassy in Peru, he was told that he has to wait 10 years before a visa can be granted. Is this the law even though he was never deported? And why USCIS and NVC approved this case instead of telling me that he is ineligible because of the 10 years frame? I called USCIS and they told me that it is at the US consulate (in Peru) discretion.