QUESTION

What do I have to do to fix my dad’s papers and what is the process for both he and I have to go through?

Asked on May 14th, 2014 on Immigration - Texas
More details to this question:
I'm 22 and have a good record and have papers. My dad also has a good record, paid his taxes and has been here for 24 years. I currently live in California and he lives in Illinois.
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3 ANSWERS

Did he enter the US lawfully or unlawfully?
Answered on May 28th, 2014 at 11:15 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Are you a U.S. citizen or a green card holder? How did you get your papers? Did your dad enter the U.S. on a visa or did he come in without inspection? I strongly 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 May 16th, 2014 at 3:01 AM

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If your father's last entry into the country was legal or if he is eligible for 245(i), you can petition for him on form I-130 and he can concurrently apply for adjustment of status on form I-485. Otherwise, you can petition for him on form I-130 and allow the petition go through consular processing, which will require him to return to his home country to attend his immigrant visa interview at the US consulate. However, the consulate will require him to apply for a waiver on form I-601 after the interview and get it approved by USCIS if he wants to return to the US within 10 years of his departure. He is subject to the 10-year bar because he has presumedly been unlawfully present in the US for 1 year or more. To be eligible for a waiver, he must establish extreme hardship to a spouse or parent(s) who are citizens or permanent residents of the US. He cannot apply for a waiver on the basis of extreme hardship to a child(ren). This matter is very complex and you should seek the advice of an attorney before beginning the process.
Answered on May 15th, 2014 at 3:36 PM

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