I am a US Citizen, can I petition my father who came over here from Mexico and living in the US? 4 Answers as of January 21, 2011

I am a US Citizen, can I petition my father who came over here from Mexico and living in California for more then 17 years? What do we need to do? Does he have to leave the country? This would be a shame because he is 56 years old.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes you can petition for your father to obtain permanent residency - he would be an immediate relative. The only question is 1) whether he can obtain his permanent residency in the U.S. without leaving the U.S. or 2) whether he must process overseas and also obtain a waiver or 3) whether his criminal and/or deportation record would make either strategy too risky.

There are various factors that determine the answers to this question: 1) did your father originally come legally and then overstay or did he enter without documentation; 2) did anyone previously petition for your father or for one of his close family members (parent, spouse or child) prior to April 30, 2001; 3) did an employer file for your father or one of his close family members prior to April 30, 2001; 3) was he ever stopped at the border prior to successfully entering the U.S. - if yes, need details; 4) was he ever arrested - if yes, need details; and 5) what facts are there to support an extreme hardship waiver if this is required.

If you would like a consultation specifically on his case then contact my office to schedule a consultation and advise fees on the consultation. Once we know the way we have to proceed then we can quote you a specific fee, procedures, and approximate timing.
Answer Applies to: California
Replied: 1/21/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends. We would need to know how he entered the United States.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes you are eligible to petition for him. Whether he can adjust status depends on how he came to this country! You should hire an attorney! Good luck!
Answer Applies to: Florida
Replied: 1/14/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That depends on several factors. Did your father enter legally? Did anyone ever file any paperwork for him with immigration prior to April 30, 2001? It is very possible that he does not need to leave the US but you really need to pay for a full consult with a competent immigration attorney to assess his case. If he leaves there will be a ten year bar to reentry that needs to be overcome so it is important that his case is really analyzed well.
Answer Applies to: California
Replied: 1/14/2011
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