Brea, CA Immigration Law Firms & Lawyers

A beginning question is what steps you took after the I-140 petition was approved. If in the US, did you file for an adjustment of status to permanent residence on form I-485 soon afterwards? If so, the letter that you received from the NVC would have no effect. If on the other hand the I-140 was marked for overseas processing at an American consulate or embassy and you then took no further steps to further the immigration process, the letter would serve to terminate your immigrant visa registration and cancel the I-140 petition underlying it. The NVC affords an opportunity to an individual to reinstate the petition within one year of initially notifying individuals of termination if the individual is able to prove that exceptional circumstances beyond his or her control prevented continuation of the case. If by "personal circumstances" you are referring to your own personal preferences at the time, those would not be sufficient reason to reinstate a terminated case.  

He can still be deported but should consult with a lawyer about the possibility of becoming legal through his spouse's petition. This will likely require a visit to the home country and a waiver (unless he qualifies for some type of amnesty program such as 245(i)) ;but may still be worth it to get out of the shadows and eliminate the constant fear of being picked up. If you would like some information on the fees, procedures, timing etc. and an assessment of the strength of your case you may contact me as indicated below.

It is important that your parents can prove to the consulate that the overstay was not their fault. You should thoroughly document why the overstay occurred and that it was the airline's fault. Even then, it is possible that the consulate will refuse to renew the visa. It is important that all their other documentation (proving their very strong connection to and intent to return to India) is in order.