Can I petition to get a green card for my father? 9 Answers as of January 16, 2011

My Dad overstayed his B2 Visa for 1 year but 180 days. He is outside the US now. I am a citizen, can I petition a green card for him?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you are over 21 years of age you may petition for your father. It's possible that you will also need to file a waiver since he was illegal for over 1 year.
Answer Applies to: Florida
Replied: 1/16/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes, but he may need a waiver for his unlawful presence. I can't tell from your post whether he overstayed by 1 year or 180 days, but either way it is a problem.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Sure, file your petition and see what happens.
Answer Applies to: Virginia
Replied: 12/31/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
If your father overstayed his visa more than 180 days then he is subject to the 3 year bar; if he overstayed a year or more, he is subject to the 10 year bar. That means that you can file a petition for him but that he would also have to qualify for a waiver from the bar.
Answer Applies to: Florida
Replied: 12/30/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You can petition for him but you would have to show that you would suffer extreme hardship if he is not allowed to return. Alternatively, if he can reenter on a B-2 or other type of visa he would be able to adjust status here. Please feel free to call my office to discuss your matter further.
Answer Applies to: California
Replied: 12/29/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can but the petition may be denied because people who overstayed can only be forgiven when they marry a US citizen. You may want to think of some other way for your father.
    Answer Applies to: Florida
    Replied: 12/29/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you are a U.S. Citizen and over 21 years old you can petition for your father at anytime. However, even if the petition is approved, depending on how long he was unlawfully present in the US he may be inadmissible for 3 or 10 years from the date he last left the U.S.. If he was unlawfully present for more than 180 days, he is inadmissible for 3 years. That means he cannot be issued his immigrant visa until 3 years after the date he left the U.S.. If he was unlawfully present for 1 year when he left, then he must wait 10 years. While there are waivers available based on hardship, the hardship must be to a U.S. Citizen spouse or parent, or a LPR spouse. Hardship to children, sons or daughter does not count.
    Answer Applies to: California
    Replied: 12/29/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If your dad overstay for less than 180 days, you can file the I-130 right away.
    If your dad overstay by 180 days but less than one year, he is subject to the 3-year ban. The ban starts on the first day your dad left the US. Start the process (I-130) about 6 months before the 3 years is up. It will take about 6 months for the I-130 to be adjudicated, so the time will be up by the time of consular processing.

    If your dad overstay by one year or more, he is subject to the 10-year ban. The ban starts on the first day your dad left the US. Start the process (I-130) about 6 months before the 10 years is up.
    Answer Applies to: California
    Replied: 12/29/2010
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    You may petition for him, however, he is not eligible to receive a waiver from you. Because of his overstay he is inadmissable into the U.S.

    If he reentered on his B1-B2 you may apply for him in the U.S. and he may be able to adjust within the U.S. as well. Please call our office for assistance.
    Answer Applies to: Texas
    Replied: 12/29/2010
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