I am a US citizen sponsoring parent a green card. Parent overstayed over 1 year. If I petition my parent a green card now, can he leave USA before he gets a green card and come back when green card is approved or 10 year bar rule would still apply to him?

If a parent gets a green card in USA and looses it later because he failed to live in this country permanently, would he be able to get a B2 again after overstaying on his first B2 before he got his green card?



Thank you very much!

1. If he is now in US, you need an attorney to file a waiver because it triggers the 10 years rules. If he chooses to wait for visa number in US, he cannot travel outside US until the petition is approved.

2. Green card holders who no longer wish to live in US may surrender the card at local USCIS office in their countries. Submit copy of this receipt when apply for visitor's visa.. usually they will get visitor's visa for 10 years, multiple entries.