212 waiver or direct I-130

[Nish2345]

My in-laws were given an order for removal in 1998 after overstating 9 years. They left for India on their own and came back after 3 years on another visitors visa (they did misrepresent themselves and did not mention they had previously overstayed upon obtaining a second visa but they were inspected upon arrival ). 10 years ago they were deported on section 241(a)5. Now that 10 years are over can my citizen husband file an I-130 for them or is a 212 waiver required? Is there a way to look up how many years bar was placed on them?

[newacct]

The I-130 can be filed at any time.

If they were given an order of removal, and were not granted Voluntary Departure, then I believe that counts as a removal, even if they left on their own. The 9A bar for having been removed is 10 years for the first time, but 20 years for the second or subsequent time, so I believe they would still be under the 9A ban for 10 more years, and would need an I-212 if they want to immigrate. I am not sure whether the I-212 can be filed now or has to wait until the visa denial.

Also, they might have a lifetime misrepresentation ban for the misrepresentation and would need an I-601 to waive that, but an immigrant waiver for this ban is only possible if they can show that their US citizen or permanent resident spouse or parent would suffer extreme hardship if they can't be in the US. If both of them have this ban and neither of them has such a USC/LPR parent then it might not be possible for them to immigrate.