Can I get my father legal status if he is ill? 7 Answers as of December 06, 2011

There is a route we can help him. Your father was deported, but usually for only 10 years. His illegal entry should have caused his disqualification from a future successful application, but an application for reinstatement of his previous legal status, coupled with an application for waiver of inadmissibility (I-212/I-601), showing extreme and extraordinary hardship by the U.S. citizen petitioner (wife, adult child), involving inability to care for the alien stroke victim, should result in a successful application for him under section 212(a)(1) of the Immigration & Nationality Act (INA).

If he was deported and came back illegally, it is unlikely that they will do anything for him

Sorry, I do not see that he qualifies for anything since he came back illegally. In order to get a new status, a person has to have status in the US. Unfortunately your father has no status in the US. Someone in your family should have petitioned for him while he was out there. An alternative would be to so petition for him now, providing that he is out of the country; a waiver would be crucially needed in order to get him back.

The illness alone does not provide any means for obtaining legal status for your father. He may be able to seek humanitarian parole or deferred action based on the fact that he has had a stroke, but the government will require you to demonstrate that he is privately insured and that he will not obtain medical care at the expense of the government in order to obtain parole.

No, if he entered the US unlawfully, under the current immigration laws, there is no way that he can legalize his status within the US.

Unfortunately, the fact that your father re-entered the country illegally will likely bar him from reopening his immigration case. I would also need information regarding his ties to the U.S. and country of origin to assess what relief, if any, he could seek in reopened proceedings. However, his second illegal entry makes it highly unlikely he could adjust his status and the case will not be reopened solely for the purpose of allowing your father to seek medical help. Your father can receive treatment in most places in the U.S., but your family will likely have to pay for the treatment.

No. He must file for a pardon an wait for the response outside the USA.