這項法規隻是適用於至今還在美非法滯留, 還是也適用於曾在美逾期滯留,然後回國的人員?
-This rule means if the immediate relative (i.e. parents, spouse, and minor child < 21) of a US citizen enters US illegally (not 非法滯留, 非法滯留 does not matter to the green card application), then this relative can file I-601 within US and if the I-601 is approved, then the relative can go to his/her home country to get the immigration visa and he/she will not be sujected to 3- or 10- year bar. Before thsi rule is established, a person who illegal entered US can not file I-601 within US and have to go to his/her home coountry to file I-601, but he/she fails in the I-601 application, he/she will be sujected to 3 or 10 year bar. So, this rule really benefits this kind of people because they can file I-601 within US and if it fails, they still live in US.
爸爸在美逾期滯留三年,回國。現在想讓他再來,但因為那個10yrs Bar,10 年之內他不能再來美國。這個法規適用於他這個情況嗎?
-Your father of course can file I-601 for inadmission waiver and this is not related to this 法規 , but whether he can get the waiver is another issue.
謝謝。