Can I file I-30 for my parents?

They are barred from reentry to the US for a period of 10 years because of their unlawful presence time for that long.

Yes, you can file immigrant visa petitions for your parents at this time.

It looks like your parents overstayed their admission. Many people think that the expiration date on their visa controls how long they can stay in the U.S. It isn't so. The expiration date on a visa is the last day a person can enter the U.S., nothing else. When one comes to the U.S., an immigration officer puts a stamp in the visitor's passport and on the white I-94 card stapled to the passport. The writes over that stamp the status in which the person is being admitted to the U.S., and the latest date when the person must leave the U.S. without violating the immigration law. Most likely, your parents had B2 visitor's status, and were admitted for 6 months. Unless they filed applications for extension of status every 6 months and received approvals of those applications, then, by staying 5 years, they violated the law and now are not eligible to receive any visa to the U.S. for 10 years since their departure, i.e., until 2018. It includes ineligibility for immigrant visas; so, if you file them now, your immigrant visa petitions for your parents will be denied, and you will only waste your money on the petition filing fees.

*Consulate Processing and Waiver of Inadmissibility* In this particular case, first the Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. This would be the basic procedure whereby the petitioner in the United States submits a petition to allow the beneficiary to come into the United States as a lawful permanent resident. Generally speaking, from the time we submit the Consulate Processing until the interview at the U.S. Consulate or U.S. Embassy, the time is around one year. A Waiver of Inadmissibility will have to be obtained. The procedure for this will be that the Waiver will be able to be submitted to the USCIS inside the U.S., rather than outside the U.S. Additionally, once the regulations are finalized, it will be able to be submitted PRIOR to leaving the United States and if approved, a Provisional Waiver will be issued. In this case, upon exiting the U.S., you would not have to wait years for adjudication of the Waiver as the hope is that is already approved and it would simply be a matter of having the Consulate Processing interview and returning. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

As a US Citizen you can petition for your parents. Since your parents entered with inspection, they may be able to adjust.

You can file for them certainly. They will also have to file a 601 hardship waiver and have it approved if they wish to immigrate to the US prior to 2018 as they are subject to a 10 year bar on returning based on their visa overstay. This process will likely require the assistance of an immigration attorney.

Your parents should file for adjustment of status along with submitting your I-130 petition.

Yes, you can file an I-130. There may be issues later when they go for consular processing, but no prohibition to file the I-130.

Yes. You can petition your parents even if they overstayed their visitor visas. The process takes about 6 months from start to finish.