Can I petition my father and stepmother for immigration? 9 Answers as of December 20, 2011

My father and stepmother are here visiting from Mexicali, Baja California, Mexico. I would like to petition both. Can I ask them to stay here in California during their petition process? Or will it be legal for both to stay here with me as I am a US citizen? My father remarried when I was 6 years old.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
Yes. If they entered lawfully. You can petition them and in 6 months they can become residents.
Answer Applies to: California
Replied: 12/20/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Are they here with visas or a Border Crossing card? If yes and you are a U.S. citizen then you can file for them while they are here. The process is complicated though so I suggest you set up a time to come in and we can go over everything required, procedures, timing, fees, etc.
Answer Applies to: California
Replied: 12/14/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, as long as they got married before you turned 18 AND if they entered the US lawfully, you may petition for both of them and they will be eligible for adjustment of status within the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. I handle these types of petitions for clients nationwide on a daily basis.
Answer Applies to: California
Replied: 12/7/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes and yes, only and only if they entered the US with a visa. They must stay here during the processing of their green cards anyway. Good luck!
Answer Applies to: California
Replied: 12/7/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your parents can both apply for permanent resident status through you without leaving the U.S. if they entered the country lawfully. I recommend consulting with an experienced immigration attorney regarding the required steps.
Answer Applies to: California
Replied: 12/7/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
Given that other requirements are met, you qualify to petition for your father and step mother while they are in the U.S. and they may apply to adjust status to resident.
Answer Applies to: California
Replied: 12/7/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Both are considered immediate relatives. That means you can sponsor each of them for a green card. Technically, if they enter legally and then overstay in the US, they can still obtain the GC in the US, however there are definite risks inherent in that option so you do not want to make it until you have had a full consult with a competent immigration attorney in your jurisdiction. The other option is to file for consular processing, which takes about 9 months. YOu can start that process while they are in the US and then they can fly home for the interview at the US consulate. If entered on a B-2 visa, they may also be able to request an extension of status which will keep them lawfully in the US while the consular case is pending. That is NOT an option if filing in the US because the B2 is a non immigrant visa, meaning they have to have intent to depart when filing it.
Answer Applies to: California
Replied: 12/7/2011
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can petition both as long as they entered legally on a visa. The entire process only takes about 90 days!
Answer Applies to: California
Replied: 12/7/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
Yes you can file the petitions (two I-130) and they can file I-485 to adjust status as long as they entered the US legally.
Answer Applies to: California
Replied: 12/7/2011
Click to View More Answers: