QUESTION
Can a US citizen sponsor or petition a parent that has a record of overstaying in the US for more than 10 years?
Asked on May 25th, 2016 on Immigration - Illinois
3 ANSWERS
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Yes, a U.S. citizen can file a petition for her/his alien parent. If the parent: 1) entered the U.S. with a visa; 2) did not leave the U.S.; 3) was never in deportation proceedings; and 4) does not have a criminal record, or history of participation in terrorist organizations, genocide, or prosecution of other people for their race, religion, or political positions; - then the overstaying a visa should not prevent the parent from getting a green card. If any one of these conditions is not satisfied, the case has to be reviewed by an immigration attorney.
Answered on Jun 23rd, 2016 at 4:52 AM
Yes. But the parent would need a waiver if the parent is overseas.
Answered on Jun 22nd, 2016 at 7:06 AM
Yes, but the parent will be deemed inadmissible, then the visa petition revoked by a consular official, unless there is proof of ten years outside the U. S. If not, then he can apply for a waiver provided he and his family meets the qualifications. I strongly recommend an appointment with a competent and experienced immigration attorney before you take any further action. It may be best to avoid the process, but more information and time is needed to provide appropriate legal advice.
Answered on Jun 20th, 2016 at 10:57 AM