I plan to apply the green card for my father. He is in the State right now. However, His visa is already expired one year.
He wants to go back to China now and wait his green card in China for one or two years.
I think he should get green card before return to China.
I found these Immigration and Nationality Act rules:
IN GENERAL.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not pursuant to section 244(e))
prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission
within 3 years of the date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more,
and who again seeks admission within 10 years of the date of such alien's departure or
removal from the United States.
Does this mean he has to wait for 10 years before He can re-enter to the States if he leaves without a green card?
If he waits for green card here, are there any penalties that he has to wait for some times before he can get it?
Thank you for any ideas.