QUESTION
If I am 17 years old and I live with my aunt and my parents are in Mexico can I start the process for them to have papers?
Asked on Dec 25th, 2013 on Immigration - Texas
More details to this question:
I was just wondering. They lived in the US for about 16 years but left.
3 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You will have to wait until you turn 21.
Answered on Dec 31st, 2013 at 7:34 AM
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 if you are a US citizen and at least 21 years of age. However, it appears as if your parents may be subject to the 10-year bar from returning to the US because they may have been unlawfully present in the US in excess of 1 year. In order to return to the US before the 10-years, they must apply for a waiver on form I-601 and get it approved by USCIS. To be eligible for the waiver, they must be able to prove extreme hardship to a parent(s) or spouse who is a legal permanent resident or citizen of the US.
Answered on Dec 26th, 2013 at 9:40 PM
You must be 21 years old to petition your parents. You cannot petition natural parents if you gained permanent resident status through adoption. I recommend discussing this matter with a competent and experienced immigration attorney or you may lose hundreds to thousands of dollars in filing fees.
Answered on Dec 26th, 2013 at 9:40 PM