Parents and sister overstayed H1B/H4 then went back

[Verdana 0]

Hello! This is going to be long, but I'll try to give as much relevant info as I can.

I moved with my family from Serbia to the US in 1999. My father had H1B visa and the rest of us, my mother, two sisters (then 7 and 20) and I (then 16), had H4 visas. We were planning to stay in the US, so we started the naturalization process through my father's employer. However, before the last piece of paperwork was submitted to (what then was) INS, the company closed down. My father found a job at a different company and started collecting paperwork for green card again. Due to restructuring, he lost his job before the paperwork was complete again. He tried with the third company which also promised him green card processing as part of the benefit package (he gave up part of his pay in order to get this in the contract), but the company was stalling and he eventually went out of status in 2005 without possibility of extension for H1B/H4 visas. We had those extended twice: first time after 3 years and then again after 2.

In the meantime, my older sister married a green card holder and started her green card process separately. After a number of years, her husband became a citizen while she was still waiting for her green card, so she updated her case and finally got her green card and 3 years later her citizenship as well in 2010.

I got lucky on the diversity lottery and got my green card in 2004. I also got my citizenship 5 years later in 2009.

My parents decided to stay in the US until my younger sister finished high school, which happened in June 2010. Then they left the country with her and returned to Serbia in July, because they want to take care of their aging parents.

My younger sister turned 18 in May this year and then left less than 6 months after that, so the 10 year ban does not apply to her. Is this correct? She wants to come back on a student visa to study in US, but I'm not sure if she will be able to prove her intent to return to Serbia, since she lived most of her life in US. Would it be a better idea for me to petition for her to get a green card based on my citizenship so she then has an option to move back? Are there any foreseeable problems with taking this route?

My parents, on the other hand, don't have a desire to move back to US, but since they have two daughters here and a grandchild on the way, they would like to be able to visit. Their parents are in Serbia and they own a house there. What would be the best route to take in order to give them the freedom to come to visit us (for maybe 4-6 months every other year or so). I know they are banned for 10 years after the day they left the US, but I'm wondering if there is an immigrant/non-immigrant waiver that would lift the ban.

Neither my parents nor my sister had any criminal records in US or other countries. They haven't been deported nor lied in any communication with state agencies.

Thanks for all ideas, they will be appreciated!

[Verdana 0]

No ideas?

[NigeriaorBust 4,087]

Seeing that they seriously overstayed the last time they were given the privilege of being in the US the chances of them getting the same privilege again are very very slim. I am not sure what kind of evidence would convince the immigration officer that they would leave.