How can my father apply for the U.S residency? 6 Answers as of June 27, 2011

I am 22 years old, and a US Citizen. My father came to the United States with a tourist residency about 10 years ago. He is now 47 years old and lives in the US still. He has paid his taxes except for these last two years. Can he apply for the US residency? Is it true that he needs to serve a 10 year ban?

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Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
You can petition for your father if he has evidence that he entered as a tourist and stayed ever since. He does not need to serve 10-year bar if he does not have other immigration violations.
Answer Applies to: Oregon
Replied: 6/27/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
He can apply for adjustment of status. Good case.
Answer Applies to: Texas
Replied: 6/17/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
Yes you can. US citizens 21 years or older may petition for their parents. Since he entered the US legally, he can adjust his staus in the US(therefore no 10 year ban). Just file I-130 and I-485 with the USCIS. Make sure he does not leave the US until he receives green card from the USCIS.
Answer Applies to: California
Replied: 6/17/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You are allowed to sponsor your father but he overstayed in the US. So unless he has coverage under 245i, then he is not eligible for a gc in the US. When be leaves to apply at the consulate he will trigger a ten year ban. I recommend having a consult with a competent immigration attorney to fully evaluate his options. I am happy to do that- my fee is $150 for an hour long consult but otherwise make an appointment with someone!
Answer Applies to: California
Replied: 6/17/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
If you are referring to the 10 year bar for unlawful presence, it only kicks in once someone has left the country and wants to apply for readmission. If your father has never left and never been ordered deported, you can file a petition on his behalf as an immediate relative and he can apply for permanent residence now that you are over 21 years old. He should,, of course, pay his taxes.
Answer Applies to: Virginia
Replied: 6/16/2011
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