QUESTION
What other option is available to petition my parents?
Asked on Mar 30th, 2015 on Immigration - California
More details to this question:
I would like to petition for my parents who overstayed visitor visa from 1989. They lost their entry documents and passport therefore we have no proof of legal entry. We have requested records through FOIA, and Visa services with all saying no records found.
3 ANSWERS
You should try to locate alternate entry documents if possible, affidavits, etc. How and when did they lose their passports and entry documents?
Answered on Apr 06th, 2015 at 10:18 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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There are no other viable options. Your parents are deportable as unlawfully present and inadmissible for 10 years. In other words, even with your petitions for them approved, they have to leave the U.S. and cannot come back for 10 years - unless they can prove that they entered the U.S. with visas, legally. If you filed FOIA requests with USCIS and received "no records" answer, you should make FOIA inquiry with the Customs & Border Protection ( https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate ) If that, too, fails, you will need an immigration attorney who will take your parents' case all the way through USCIS and Immigration Court.
Answered on Apr 02nd, 2015 at 4:17 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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File an I-102 before you give up : ).
Answered on Apr 01st, 2015 at 4:29 AM