QUESTION
I am now 22 years old and in school can I petition my parents even if they came here illegally?
Asked on Oct 05th, 2013 on Immigration - New Jersey
More details to this question:
I am now 22 years old and in school, can I petition my parents to become legal residents even if they came here illegally?
5 ANSWERS
If they entered the US unlawfully, they are not eligible to adjust status within the US under the current immigration laws.
Answered on Oct 08th, 2013 at 1:07 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can petition for your parents now, but since they came in illegally, they have to return to their home country to attend their visa interviews. If they have been unlawfully present in the US for more than 1 year, they will also need to file for a discretionary waiver in order to return to the United States. To be eligible for the waiver, they must prove extreme hardship to a parent(s) (your grandparents) who has legal immigrant status in the US if their waiver application was not approved.
Answered on Oct 08th, 2013 at 10:24 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you are a US citizen, you can file immigrant petitions for your parents. The problem is that, under the law as it stands now, they will not benefit from the approval of your petitions because they came here illegally and are not eligible to receive green cards. Like so many other families, yours just will have to wait for the Congress to change the law.
Answered on Oct 08th, 2013 at 3:28 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Only if they are 245i protected. otherwise they will have to leave the US for consular processing. Thus the unlawful presence bar may kick in.
Answered on Oct 08th, 2013 at 2:52 AM
3 Awards
You may be able to do this but you are likely to need to apply for a waiver. Your case will require a very thorough analysis. You should definitely speak to a qualified immigration professional since the (provisional) waiver process is complicated.
Answered on Oct 08th, 2013 at 2:32 AM