QUESTION
Can I petition for my dad if I am not married?
Asked on Oct 25th, 2011 on Immigration - California
More details to this question:
My dad recently got arrested for no license. Since he was not a legal resident, he is now awaiting his court date to see if he is going to be deported. We got a lawyer and he said I could petition for my dad since I am a minor and a permanent resident. Well now he is saying that I can't because I have to be a single permanent resident. Is this true? Can I only petition for my dad if I'm not married?
8 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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What you are referring to is not petitioning. Your dad is applying for cancellation of removal. This may be based on your hardship as his child. But if you are married there will be no hardship presumed.
Answered on Oct 26th, 2011 at 3:06 PM
Assault Attorney serving Richardson, TX
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You can only petition for a parent if you are a U.S. citizen child over the age of 21. Your marital status does not affect your ability to petition your parent.
Answered on Oct 26th, 2011 at 2:52 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You cannot petition your father if you are under 21. He might be eligible for cancellation of removal if he has lives here over 10 years. If your father does not understand the attorney or the attorney appears not to know the law, seek the opinion of another lawyer before damage is done.
Answered on Oct 25th, 2011 at 7:23 PM
Immigration Attorney serving Los Angeles, CA
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Law Office of Nabil E. Chelico
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You cannot file a petition on behalf of a parent unless you are a U.S. citizen and 21 years and older. However, if your father is currently in immigration court proceedings and has been residing in the U.S. for a continued period of 10 years, he might be eligible for a relief in the form of Cancellation of Removal.
Answered on Oct 25th, 2011 at 5:00 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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There is serious confusion here. You cannot file for your father at all. There is no category for the parent of a Permanent Resident. FB2A is for spouse and minor child of an LPR; FB2B is for adult unmarried child of LPR. He is neither.
Answered on Oct 25th, 2011 at 4:35 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You must be 21 to petition for your father and a US citizen. It sounds like there is some confusion or your attorney is committing fraud. I recommend you speak with another attorney immediately. They may not tell you what you want to hear but it is better than spending a lot of money if the person is going to mislead you.
Answered on Oct 25th, 2011 at 4:10 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Permanent residents(LPR) cannot petition for their parents regardless of their marital status. You will have to become US citizen and turn at least 21 to petition your father.
Answered on Oct 25th, 2011 at 3:28 PM
Your marital status does not matter but your immigration status does. You must be at least 21 years of age and become a U.S. citizen to petition your dad. You cannot petition him as a permanent resident.
Answered on Oct 25th, 2011 at 3:24 PM