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Free Case Evaluation by a Local Lawyer: Click hereFeldman Feldman & Associates, PC | Lynne Feldman
Yes they would be considered immediate relatives if you are a U.S. citizen over 21. Are they in or out of the U.s.? did they come with or without papers if yes? Lots of questions I will need answered to advise their eligibility and where they will need to apply.
Answer Applies to: California
Replied: 12/14/2011
World Esquire Law Firm | Aime Katambwe
Yes you can. You will need to file an I-130 for each of them and wait for it to be approved in order to move forward with the immigrant visa applications. Your parents are going to have to leave the US and get their immigrant visas in their country of origin. At the time of their interview, they will need to have a Waiver application ready to be submitted since they have lived in the US without authorization prior to filing the I-130. Normally, a 10-year bar will be imposed but this can be broken with a waiver application where applicable. However, if your parents came to the US with a visa and overstayed it, you can file the I-485 packet and they should get their green cards right here without leaving the US within 6 months or less. Good luck!
Answer Applies to: California
Replied: 12/13/2011
Fragomen, DelRey,Bernsen,& Loewy, LLP | David Hirson
A US citizen over the age of 21 may file an application to immigrate his or her parents. However, if the parents entered the US without inspection then they will not be able to adjust status in the US but will have to be interviewed at a US Consul out of the country. If they have been in the US illegally for more than 180 days or more than one year they will be subject to a bar from coming back to the US for a period of 3 years and 10 years respectively. If they were admitted with inspection their length of unlawful stay will not be relevant to an adjustment of status application and the bar/s will not apply provided they do not and have not left the US since initial entry. Also, if any immigration proceedings were commenced and filed with either Department of Labor, State Labor Department, or USCIS formerly INS. (United States Citizenship and Immigration Services formerly Immigration and Naturalization Service) Before April 30, 2001, then there is a potential window that opens allowing for the filing of an adjustment of status and payment of an additional $1,000 per person under section 245 (i) of the Immigration and Nationality Act (INA). Without advising anyone to remain in the US in unlawful status, the only possible relief for some individuals may be to wait for Comprehensive Immigration Reform (CIR) legislation that contains a provision that will permit individuals in unlawful status to achieve legal status ("path to citizenship").
Answer Applies to: California
Replied: 12/9/2011
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can only petition for your parents if you are a US citizen AND if your parents entered the US lawfully. If they did not, they will not be eligible to adjust status within the US but would have to consular process in their home country. However, if they entered lawfully but have since overstayed, then you can petition for them and they will be able to adjust status within the US.
Answer Applies to: California
Replied: 12/8/2011
Law Office of Christine Troy | Christine Troy
If you are a USC, then you can petition for your parents. If they entered the US legally, you can file for them in the US. If they did not, then they need to be eligible under 245i to file in the US. You do not want to rely on the internet for guidance on this. Your parents need to have a full consult with a competent immigration attorney in your area to fully analyze their case to make sure they meet all requirements.
Answer Applies to: California
Replied: 12/8/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
If your parents are in the U. S. and undocumented and had not been a beneficiary of a family or labor petition on or before 4/30/01, the answer is that they do adjustment of status. However, if they entered lawfully or did have something filed on or before 4/30/01, the answer is yes.
Answer Applies to: California
Replied: 12/8/2011
HEATHER L POOLE PC, Prof Law Corp. | Heather L. Poole
If you are a US citizen, you may be able to sponsor a parent for permanent residency. However, whether your parent is eligible will depend on their immigration history, criminal history, and other factors. I suggest you contact an attorney with your parent to discuss the options and the financial sponsorship requirements you will have as their sponsor in the immigrant visa process as well.
Answer Applies to: California
Replied: 12/8/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
You can help your parents if you are a U.S. citizen and they entered the United States lawfully or they qualify under INA 245(i). You should consult with an immigration attorney before you take any steps.
Answer Applies to: California
Replied: 12/8/2011
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can file for your parents as long as they last entered the US legally. Otherwise, they would have to go home to be processed.
Answer Applies to: California
Replied: 12/8/2011










