The answer to your question depends on several factors. For a free consultation, contact my office at 1-800-408-5818 or email me at latangiewilliamspa@yahoo.com.

He may be able to apply for a waiver based on humanitarian concerns but will need an experienced attorney to assist him.

He will need to apply for an immigrant visa at a U.S. Consulate with a waiver. The waiver will have to demonstrate that his U.S. Citizen/Lawful permanent resident spouse or parents will suffer extreme hardship if he does not return to the U.S. If his parents are U.S. Citizens/lawful permanent residents, he may be able to demonstrate this hardship. Waivers are very fact-specific cases. Your friend should speak to an immigration attorney to determine if he has a strong waiver case. Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: seeta@nangialaw.com

Website: www.nangialaw.com

Your friend is indeed able, now that his voluntary departure was complied with, and his 3-year period is complete, to be able to apply for consular processing, once his parents petition is approved. He will have to show that his parents, U.S. citizens, will suffer extreme and extraordinary hardship, or that humanitarian reasons exists under schedule U visa guidelines to allow permanent residence visa into the country. If you wish to discuss it further, since you need an attorney, feel free to call me or e-mail me for a consultation.