Hi,I had a quick question. A friend of mine and his dad entered US on tourist visas in 2002 and overstayed. They did not pursue any routes t...

Question

Hi,

I had a quick question. A friend of mine and his dad entered US on tourist visas in 2002 and overstayed. They did not pursue any routes to green card. However, the dad's own brother is a naturalized US now. Is there anyway the dad's brother could petition them for their green cards.

Thanks,

A

Answer

They would have to leave the U.S. and would face a 10 year bar to re-entry since they are not in the immediate relative category (spouses and minor children.) They could apply for a waiver of the 10 year bar but that would be difficult to obtain under the circumstances.