Hello. I recently petitioned my parents who are both residing in the Philippines. They have been denied as they overstayed in America and must complete their 10 year ban as told by the Consulate in Manila. I understand that the Waiver will not do any good for them as they are no longer in the US. Is there any other way to have my parents not wait out the complete ten year ban? Looking forward to your reply.
Not unless they were a crime victim and helped the police while they were here. For waivers, you (their child) are not a "qualifying relative". They chose to leave the US presumably for good reason, and so lost the opportunity to have their overstay forgiven by adjustment of status. Sometimes life decisions do that.
It certainly could be much more difficult as they are no longer in the U.S. In general, applicants can apply for a waiver while outside the U.S. However, getting the waiver approved is a difficult task. There are many factors to be considered and evidences to be produced. Probably with cases similar to yours, the applicants must be able to prove "extreme hardship." The latter is not an easy or simple standard to meet, and it is intended to protect the applicants' citizen/green card holder relatives. Not the other way around. Most of all, to alleviate 3 or 10 year ban, I-601 Application for Waiver of Grounds of Inadmissibility requires the citizen/green card holder to be the applicants' spouses or parents. Children, like you, are not qualified. Therefore, waiver is not applicable to your case. These types of process should be accompanied by thorough guidance from an experienced immigration lawyer. If you have any other or more questions, then I strongly recommend that you consult with an immigration lawyer.
Please be advised that this response contains only general information based on hypothetical facts given in the question. This interaction does not form attorney-client privilege and the response should not be relied upon to either act or refrain to act without first consulting a licensed attorney. The author disclaims any and all liability in respect to actions taken or not taken based on his comments.
Unfortunately, their options may be limited. To get a waiver in their situation, they would need to show extreme hardship on a qualifying U.S. citizen or permanent resident relative. In this case, extreme hardship can only be shown on a spouse or parent. As a U.S. citizen child, you are not a qualifying relative.
Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
They can still apply for a waiver while outside the US but must prove hardship. This can be tough to prove. Consult an experienced attorney.
Without an approved Waiver such visa cannot be received during the imposed ten year bar.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline