Can you use 1-601 waiver for parents?
 

Can a citizen use the waiver to petition their parents? Let’s say if they have lived in the US for like 20 yrs undocumented and now have been back for about 5 yrs in their country living there. They would need to get some sort of waiver or would they have to wait 10 yrs till a petition can be filed for them? Does anyone know? I can’t seem to find the right info online. Just trying to help out a friend. Thanks so much in advance!

Re: Can you use 1-601 waiver for parents?
 

I-601 for unlawful presence requires a USC or LPR, Spouse or Parent as a qualifying relative. A child is not a valid qualifying relative for this waiver.

Like, if one of the grandparents is a USC or LPR that grandparent could be used for an I-601 with the child being a petitioner for an IR5. However in this case it looks like the parents will just have to wait out their ban.

Re: Can you use 1-601 waiver for parents?
 

Thank you for your answer! Could they start filing the I-130 form before the ban is over? Or would that get denied since they would still be under the ban?

Re: Can you use 1-601 waiver for parents?
 

I-130 can be filed beforehand however the visa can't be issued until after the ban expires.

Re: Can you use 1-601 waiver for parents?
 

So do you recommend waiting to file I-130 until the ban expires?

Re: Can you use 1-601 waiver for parents?
 

File it like 18 months before it expires.