QUESTION
Can a US Citizen sponsor a parent who has overstayed on a visitor visa for more than 10 years? What are the complications?
Asked on Dec 11th, 2012 on Immigration - Michigan
More details to this question:
Can US citizen sponsor a parent who has overstayed on a visitor visa for more than 10 years? What are the complications? Are there any waivers to be filed? How much time will it take to process this case?
8 ANSWERS
Rebecca T White
You will want to consult with an immigration attorney to review the full situation, but generally if the parent entered lawfully on a valid visa the parent will be eligible to adjust.
Answered on Dec 14th, 2012 at 2:21 AM
Yes, as long as the parent entered the US lawfully, even if it was 10 years ago, and can prove that lawful entry, then the parent will be able to adjust status within the US without a need for any waivers. The process takes about 4-6 months.
Answered on Dec 14th, 2012 at 1:03 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Parents of US citizens are considered immediate relatives, thus your parents should not have any problems when they apply for adjustment of status as long as they entered the country with inspection - even if they overstayed their visitor visa by more than 10 years. The total fee that they will pay to USCIS is $1,490 per person. They do not need to file any waivers unless there are other issues of inadmissibility. The entire process is currently taking approximately 4-6 months.
Answered on Dec 14th, 2012 at 12:59 AM
Bruce A. Coane
Generally, yes, and no waivers needed as long as the parent did not leave after being out of status > 6 months and doesn't have a criminal record.
Answered on Dec 14th, 2012 at 12:20 AM
You can petition your parents for a green card if you are at least 21 years of age. Your parents' overstaying their admission does not bar them from receiving a green card as long as they have not left the US. They do not need a waiver. You should consult with an immigration attorney if you do not know how to go about applying.
Answered on Dec 13th, 2012 at 11:12 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. There shouldn't be any complications provided the parent entered the US legally. Entire process takes 3 to 6 months from start to finish.
Answered on Dec 13th, 2012 at 9:58 PM
Since your parents came here legally but overstayed, you still can file for them and they can adjust status here, assuming there are no other issues.
Answered on Dec 13th, 2012 at 9:57 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen over the age of 21, you can file a visa petition for your parents (Form I-130). Your parents may be able to apply for adjustment of status at the same time if they last entered the US with a Visa and did not leave. They should consult with an immigration attorney.
Answered on Dec 13th, 2012 at 9:57 PM