QUESTION
Can I give my father residency once I am of age?
Asked on Aug 13th, 2013 on Immigration - California
More details to this question:
My father came to live in the USA with a visa in the years of 1997 or 1998. He would leave at least once or twice a years seeing with a visa you couldn't stay here more then a year. After a while he also paid for taxes for 9 years and got an ITIN number from the IRS. After the factory he worked in went bankrupt and closed down he stayed jobless and had to leave the country after 13 years since it was so hard to find a job in Arizona illegally. He left on December 2010 before his visa expired on 2011. Me and my younger siblings (of 11 and 13) are in need for our father here in the USA, especially my single mother who he would help financially while he was living here. Is it possible to give my father a residency once I am 21? I am currently 19 also is there any way to start a process?
3 ANSWERS
Adebola O. Asekun
First, you must be 21 years or older to file a petition for your father. If your mother is a US citizen or green card, she may also file the petition right away. However, it appears that your father was illegally in the US for at least 1 year before he left the country. This will create a problem for him to get a visa to return to the country after his I-130 petition is approved. He would need to obtain a waiver to forgive his unlawful presence. If you are the oldest child, you may have to wait for another 2 years but in the interim, I strongly suggest you talk to an attorney right away because, he has to start documenting the evidence of the hardship that you and your brother are and will continue to experience if CIS does not allow him to return to the country.
Answered on Aug 19th, 2013 at 7:50 PM
Only US citizen children over 21 years of age may petition for their parents. You will be denied (and loose the filing fees) if you file before.
Answered on Aug 15th, 2013 at 8:26 PM
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You may petition for him once you are 21 provided you are US citizen. There will be issues regarding his unlawful presence but you may be able to file a waiver for him.
Answered on Aug 15th, 2013 at 7:17 PM