QUESTION

Can I petition my father and stepmother for immigration?

Asked on Dec 04th, 2011 on Immigration - California
More details to this question:
My father and stepmother are here visiting from Mexicali, Baja California, Mexico. I would like to petition both. Can I ask them to stay here in California during their petition process? Or will it be legal for both to stay here with me as I am a US citizen? My father remarried when I was 6 years old.
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7 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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Yes. If they entered lawfully. You can petition them and in 6 months they can become residents.
Answered on Dec 20th, 2011 at 9:42 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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Are they here with visas or a Border Crossing card? If yes and you are a U.S. citizen then you can file for them while they are here. The process is complicated though so I suggest you set up a time to come in and we can go over everything required, procedures, timing, fees, etc.
Answered on Dec 14th, 2011 at 5:08 PM

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Yes, as long as they got married before you turned 18 AND if they entered the US lawfully, you may petition for both of them and they will be eligible for adjustment of status within the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. I handle these types of petitions for clients nationwide on a daily basis.
Answered on Dec 07th, 2011 at 3:36 PM

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Your parents can both apply for permanent resident status through you without leaving the U.S. if they entered the country lawfully. I recommend consulting with an experienced immigration attorney regarding the required steps.
Answered on Dec 07th, 2011 at 9:57 AM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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Both are considered immediate relatives. That means you can sponsor each of them for a green card. Technically, if they enter legally and then overstay in the US, they can still obtain the GC in the US, however there are definite risks inherent in that option so you do not want to make it until you have had a full consult with a competent immigration attorney in your jurisdiction. The other option is to file for consular processing, which takes about 9 months. YOu can start that process while they are in the US and then they can fly home for the interview at the US consulate. If entered on a B-2 visa, they may also be able to request an extension of status which will keep them lawfully in the US while the consular case is pending. That is NOT an option if filing in the US because the B2 is a non immigrant visa, meaning they have to have intent to depart when filing it.
Answered on Dec 07th, 2011 at 8:56 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You can petition both as long as they entered legally on a visa. The entire process only takes about 90 days!
Answered on Dec 07th, 2011 at 8:50 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Yes you can file the petitions (two I-130) and they can file I-485 to adjust status as long as they entered the US legally.
Answered on Dec 07th, 2011 at 8:45 AM

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