QUESTION
If I am about to turn 21, can I petition for my parents to obtain their residency?
Asked on Feb 01st, 2014 on Immigration - Texas
More details to this question:
I am located in Hickory, NC. My parents have been in the U.S. for 20 years, however they entered illegally. During these years, they have not had any problems with the law. I am a U.S citizen and currently in college. Thank you.
7 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
You must be 21 to petition your parents. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Feb 06th, 2014 at 8:40 AM
Adebola O. Asekun
As a US citizen, you can file petitions for your parents once you turn 21 years. Ideally, you should have the petition prepared and mail it on your 21st birthday. If your parents entered United States illegally, they may need to apply for waiver of unlawful presence. Please consult with an experienced immigration lawyer in your area for assistance.
Answered on Feb 05th, 2014 at 3:12 PM
General Practice Attorney serving Edison, NJ
at
The Law Offices of Peter S. Kollory
Update Your Profile
Yes you may but a 10-year statutory bar may apply.
Answered on Feb 05th, 2014 at 3:07 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
You can petition for your parents when you turn 21. However, your parents will need to apply for and get approved a waiver on form I-601 to return to the US within 10 years after they depart for their home country to attend the immigrant visa interview. In order to be eligible to apply for a waiver, they must be able to establish extreme hardship to a spouse or parent(s) who is a lawful permanent resident or citizen of the US. Unfortunately, hardship to a child does not make them eligible for the waiver.
Answered on Feb 05th, 2014 at 3:04 PM
You can petition for them once you turn 21 but if they entered the US unlawfully, under the current immigration laws, they will not be able to legalize their status within the US.
Answered on Feb 05th, 2014 at 2:57 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
You file a visa petition for your parents when you turn 21, but they will need to consular process to obtain an immigrant visa if they last entered the US without inspection.
Answered on Feb 05th, 2014 at 2:51 PM
You have to be 21 at the time you file the petition. If your parents entered illegally, they would not be able to adjust status in the US and would have to leave to consular process. However, once they depart the US, they would trigger a 10 year bar if they've been present unlawfully for over a year. There is a hardship waiver (hardship to a US citizen immediate relative), however parents of US citizens can't get a waiver base on hardship to their US citizen child.
Answered on Feb 05th, 2014 at 2:24 PM