A lot of times other attorneys don’t know, or worse, notarios are completely in the fog, about this situation. So, are they eligible for a waiver? Remember your parents would have to return to Mexico to obtain their immigrant visa unless they’re 245(i) eligible.
Let’s say they’re not 245(i) eligible and they have to return to their home country to obtain an immigrant visa. Are they eligible? They’re not going to be eligible for a waiver because most of those parents have been illegally in the United States for one year or more so as soon as they leave the United States to obtain their immigrant visa, they start a ten year bar from returning to the United States.
Now if it’s a spouse or a child, there are waivers eligible for that person to file so he or she can come back to the United States. However, for a parent of a USC, he or she is not eligible for a waiver. That waiver was abolished under the new IIRIRA laws in 1996. So if your parent returns to the home country so that a waiver can be filed, please be aware that your parent is going to have to remain outside of the United States for ten years before a waiver becomes eligible for him to return. Many problems occur here throughout my community, especially with notarios, on this issue. Please if you find yourself in this situation, contact an experienced immigration attorney.