How can I fix my dad his paper if he entered illegally?
Asked on Aug 01st, 2020 on Immigration - California
More details to this question:
My dad crossed over illegally and has been here and working here and doing everything here. I just wanted to know what the steps to this and if I’m able to get him papers. I’m 21 and I live in Long Beach and he live in Arizona. Is it possible you can help get my questions answered.
I will assume for purposes of your question that your father has only crossed illegally once or if he crossed illegally more than once, that he did so before April 1, 1997. Under those circumstances, you are able to sponsor him by filing form I-130 petition for alien relative, but even here, the difficulty is that he is not adjustable in the US unless he is a beneficiary of section 245(i) which allows persons entering without inspection to be adjusted if they had a labor certification or immigrant visa petition filed on their behalf by April 30, 2001, and were physically present in the US on December 21, 2000. If he does not have that and must consul process his final immigration papers, he is barred for 10 years unless eligible for a waiver. For approval of that, he would need to prove extreme hardship to a US citizen or permanent resident spouse or parent if he is not able to immigrate. He cannot unfortunately obtain a waiver based upon relationship with a child. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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