Can I get a green card for my girlfriend and father? 10 Answers as of January 09, 2011

I just become a us citizen and I am 23 years old. My question is, I want to apply for my green card for my dad (he is not legal now). I have a girlfriend we are thinking about get married and (she is not legal) also. I have 2 question actually 1. Can I apply for both of them at the same time and how long does it take ? 2.Should I wait for marriage ? When should I apply for my dad before the marriage or after ? Please help me about this I am so confused.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
On your girlfriend, the answer is simple: not until you get married. With your father, you may petition for him now. On both of them, they may have difficulties qualifying to get a green card, since they are undocumented. However, if they have been here continuously since first coming here (not having crossed over and back), then we can succeed. If you want to discuss the matter at greater length, by all means contact me by phone or e-mail to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 1/9/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You may petition for both your wife and your father at the same time as long as they entered the United States lawfully. Depending on your income, you may need an sponsor to sign with you on the affidavits of support.
Answer Applies to: Florida
Replied: 1/8/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Whether you can apply for them will depend on whether they came to the US with papers, or crossed illegally. If they came in on a visa and overstayed, you can apply for both of them at the same time. If either of them came in without a visa they will likely have to apply for a waiver and show that them not being allowed to return will cause you extreme hardship. This is a difficult and expensive process. Feel free to e-mail me or call my office if you have more questions.
Answer Applies to: California
Replied: 12/27/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Both of these questions depend on how your father and girlfriend entered the U.S. If they entered illegally and have never applied for any form of adjustment prior to April 31, 2001, then they may have to leave the U.S. and obtain their visa at a U.S. embassy or consul.

You may apply for both, if they are eligible to adjust, provided that you can meet the requirements of the form I-864. Please see an immigration attorney for further advice and guidance.
Answer Applies to: Texas
Replied: 12/27/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
After you are married you can file a I-130 for your wife but it cost $1100.00 and that's a visa for her to be in this country then she can legally begin the process.

Same thing for your Dad file a I-130 and get him a visa then you can begin the process. You can file at the same time but its two forms. Yes wait for marriage on the wife to be. You can file immediately on Dad.
Answer Applies to: Tennessee
Replied: 12/27/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    So long as both your girlfriend and your dad entered the US legally and were inspected and admitted (even though they stayed longer than allowed, and are, therefore, now not in legal status) you can file for them. For your dad you can file at any time now and for your girlfriend you can file after you marry. Be very careful to understand that your dad and girlfriend may not be able to leave the country on the Advance Parole document (which they can apply for on form I-131 which their I-485 cases are pending) without abandoning their cases and being stuck overseas!

    There are a lot of details that you have to consider before applying for your dad and girlfriend and you are best advised to consult with an immigration lawyer since the advise you get on this webpage can only be of a very general nature and is not to be misunderstood as legal advise.
    Answer Applies to: Florida
    Replied: 12/24/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    Now that you are a citizen you are able to sponsor your dad for a green card. So long as he entered the country legally and was inspected he can file for adjustment of status (his green card application) application at the same time. It should take six months or less to process him. If you marry your girlfriend and she made a legal entry you can do the same process for her. You can sponsor both at the same time. For each you will need to provide an affidavit of support to demonstrate that you can financially afford to support them and keep them off government benefits. If you don't make enough to meet the requirements you will need a backup financial sponsor.
    Answer Applies to: Massachusetts
    Replied: 12/24/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    As a US citizen, you can file for permanent resident application for your parents and spouse. You need to file the application separately. The fact that they are illegal here will make the case complicated. An attorney needs to know their detailed immigration history to advise the detailed procedure and the time it takes for the whole process.
    Answer Applies to: Oregon
    Replied: 12/24/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You can petition them at the same time and you do not have to be married to petition your father. How long it takes depends on a lot of different factors. If they are eligible for adjustment of status, it
    could take less than 6 months. If they are not eligible for adjustment of status, then it could take much longer since it requires immigrant visa processing. Since they are illegally in the U.S. they could be barred from returning to the U.S. if they do depart to immigrant visa process. You should speak to an immigration attorney before you take any action on their cases and certainly before either of them depart the U.S.
    Answer Applies to: California
    Replied: 12/23/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can apply for both. You don't need to wait for your marriage to apply for them. Good luck!
    Answer Applies to: Florida
    Replied: 12/23/2010
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