Can my father become an American citizen if he is currently an illegal immigrant? 7 Answers as of January 04, 2011

Hello ! My father is Ukrainian citizen. My father is in America for 10 years. He lived in Canada and then he got to America through Canada illegally. He works and pays the insurance and do not commit crimes and do not break the law. Can he become an American citizen ? And in general if this is possible under U.S. law for him to become a citizen of the United States if he entered the country illegally ? Help me plese and i appologize for my bad English/ Thank You.

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JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Your father can become a US citizen if

1. Someone (brother or sister) submitted an I-130 for him before April 30, 2001, AND

2. You are a US citizen above the age of 21.

If he does not have both of the above, then he needs to wait for the immigration law to change. Generally, one cannot become a US citizen if entering the country illegally.
Answer Applies to: California
Replied: 1/4/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Not possible. He would have to find a sponsor and qualify for permanent residency first and then obtain a waiver of his illegal status or qualify under one of the older amnesty programs. We can certainly talk to him about his options ; call to schedule. We do charge for consultations $350 per hour but this amount would then be a credit toward the fees for his case if we are retained after the consultation.
Answer Applies to: California
Replied: 1/3/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, his status cannot be adjusted (AOS) since his current status is one of illegality (having entered the country without inspection). Your father's only hope is that the United States government might declare an amnesty for illegal immigrants that would include him.
Answer Applies to: Virginia
Replied: 1/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry to tell you that since he came in by crossing the border, there is no fix so far.
Answer Applies to: Florida
Replied: 1/3/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes and no. There is no direct route to citizenship unless you derive it through a family member. There may be ways for your father to obtain permanent residence but there not enough details in your post and frankly as he is currently illegal, it is probably best to seek a real consult with an immigration attorney.
Answer Applies to: Virginia
Replied: 1/3/2011
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    The fact that your father entered the U.S. illegally poses great disadvantages. First he may not be able to adjust in the U.S. because of his illegal entry. As he has accrued unlawful presence in the U.S. he may be subject to deportation should he be inspected within the U.S. by any USCIS agent or state police, depending in which U.S. State he lives.

    With the information provided, I am not able to really determine what other options may be available to him. Please contact our office for further assistance.
    Answer Applies to: Texas
    Replied: 1/3/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    A few interesting points: Most people entering from Canada do so legally, meaning they pass thru the checkpoint and are given permission to enter. Canadian citizens now need a passport to enter the US, but this is something very recent. You said your father was living in Canada...Did he ever becomes a US citizen? IF so, there is a presumption of LEGAL entry.

    Second point: One must first get a green card for a certain number of years before becoming a US citizen. Maybe are you asking whether your dad can become a green card hoder or at the very least obtain legal status? I do not know for sure because I do not have enough information. However, if your dad entered the US (and was a Canadian citizen att he time of entry) and you are an American citizen over the age of 21, this could work. I need more information.
    Answer Applies to: California
    Replied: 1/3/2011
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