How long will it take to petition a parent for immigration? 14 Answers as of November 01, 2011

MY dad was deported to Trinidad after living here is the US for a long time. It has been 11 years since his deportation. Can I sponsor him (I am a US citizen) and how long does it take

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Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Since the consulate must make the decision it may take some time. Call with the details to discuss whether a waiver is needed if available.
Answer Applies to: Texas
Replied: 11/1/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
You can petition for your father once you are 21 years of age. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete for your father, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your father from obtaining welfare. After you complete the forms and send them to the National Visa Center, your father will be scheduled for an interview at the consulate. There, they will determine if there is anything in her past that would prevent him from immigrating such as crimes, immigration violations, etc. Because he was deported in the past, it is possible that he will need a waiver. Some deportation grounds are automatically waived after 10 years, so he would need to consult with a lawyer to determine if he will need a waiver. If he was deported for a crime, he may need a waiver of the crime as well. If everything goes well, and any waiver(s) are approved, he will enter as a permanent resident.
Answer Applies to: Colorado
Replied: 11/1/2011
Philip M. Zyne, P.A.
Philip M. Zyne, P.A. | Philip M. Zyne
You can petition for him. However, depending on the reason for his deportation, he will need at least one and maybe two or three waivers. He will need a waiver for the deportation, possibly a waiver for his unlawful presence, and possibly a waiver for the removal ground such as a criminal offense.
Answer Applies to: Florida
Replied: 11/1/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are over 21, he would be an immediate relative. His case would need to be evaluated to properly advise you including a review of the reasons for his deportation and any underlying criminal record in addition to the normal factors to be looked at in an immigrant visa filing. We would be happy to advise you both if you want to schedule a paid consult (fees paid for the consult would later be credited toward his case if retains us to represent him thereafter.)
Answer Applies to: California
Replied: 11/1/2011
Miller Conway
Miller Conway | Ross Elliott Miller
Depending on the exact circumstances surrounding your father's removal from the United States, he may be able to re-enter the country after ten (10) years. Assuming you are over the age of twenty-one (21) you, a U.S. citizen child, are eligible to sponsor your father for a green card. That said, additional facts are needed to give an accurate response to your question. Contact an immigration attorney with questions regarding your case.
Answer Applies to: South Carolina
Replied: 10/31/2011
    Perez Immigration Law Firm
    Perez Immigration Law Firm | Philip Joseph Perez
    You can sponsor your father, assuming he was not deported based on certain criminal grounds. However, there is a special application you must file for permission to reapply after a deportation. The process could take 4-6 months, maybe longer.
    Answer Applies to: Tennessee
    Replied: 10/31/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    It depends on the reason for the deportation and if he needs and qualifies for the waiver.
    Answer Applies to: Texas
    Replied: 10/31/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    If he does not have any other issue, you can petition for him and it will take about 5-6 months for the USCIS to adjudicate I-130 visa petition. If approved, it will take another 4-6 months for national visa center and the embassy to schedule interview
    Answer Applies to: California
    Replied: 10/31/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    You will need to petition for him and he will need to file for a waiver because of his last deportation. This could take 6-18 months to complete.
    Answer Applies to: California
    Replied: 10/31/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can petition your dad. The application process takes between 8 to 12 months. Although more than 10 years passed since he was deported, you should consult with an experienced immigration attorney who can review the grounds for this deportation to make sure your dad can be granted an immigrant visa.
    Answer Applies to: California
    Replied: 10/31/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You may be able to petition for a parent if you are a U.S. citizen over the age of 21. The process takes approximately 1 year from the date of filing the immigrant visa petition. We would need additional information regarding your father's deportation to ensure he would be eligible to receive an immigrant visa or to determine if any waivers were necessary.
    Answer Applies to: New York
    Replied: 10/31/2011
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