If I am about to turn 21, can I petition for my parents to obtain their residency? 10 Answers as of February 11, 2014

I am located in Hickory, NC. My parents have been in the U.S. for 20 years, however they entered illegally. During these years, they have not had any problems with the law. I am a U.S citizen and currently in college. Thank you.

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Law Offices of Linda Rose Fessler | Linda Fessler
You could petition them once you are 21, if they were living outside the country. But the way it is, you cannot.
Answer Applies to: California
Replied: 2/11/2014
Universal Law Group, Inc. | Francis John Cowhig
You must be 21 to petition your parents. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answer Applies to: California
Replied: 2/6/2014
Law Office of Adebola Asekun | Adebola O. Asekun
As a US citizen, you can file petitions for your parents once you turn 21 years. Ideally, you should have the petition prepared and mail it on your 21st birthday. If your parents entered United States illegally, they may need to apply for waiver of unlawful presence. Please consult with an experienced immigration lawyer in your area for assistance.
Answer Applies to: New York
Replied: 2/5/2014
Law Offices of Peter S. Kollory | Peter S. Kollory
Yes you may but a 10-year statutory bar may apply.
Answer Applies to: New Jersey
Replied: 2/5/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You can petition for your parents when you turn 21. However, your parents will need to apply for and get approved a waiver on form I-601 to return to the US within 10 years after they depart for their home country to attend the immigrant visa interview. In order to be eligible to apply for a waiver, they must be able to establish extreme hardship to a spouse or parent(s) who is a lawful permanent resident or citizen of the US. Unfortunately, hardship to a child does not make them eligible for the waiver.
Answer Applies to: Texas
Replied: 2/5/2014
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    You can petition for them once you turn 21 but if they entered the US unlawfully, under the current immigration laws, they will not be able to legalize their status within the US.
    Answer Applies to: California
    Replied: 2/5/2014
    Law Office of Eric Fisher | Eric Fisher
    You file a visa petition for your parents when you turn 21, but they will need to consular process to obtain an immigrant visa if they last entered the US without inspection.
    Answer Applies to: Colorado
    Replied: 2/5/2014
    Law Offices of Rizwan M. Khalid
    Law Offices of Rizwan M. Khalid | Rizwan Khalid
    You may file with the USCIS to sponsor your parents. I would encourage you to see an attorney to discuss all the facts.
    Answer Applies to: Pennsylvania
    Replied: 2/5/2014
    Kapoor Law Firm, PLLC
    Kapoor Law Firm, PLLC | Shiv K. Kapoor
    You have to be 21 at the time you file the petition. If your parents entered illegally, they would not be able to adjust status in the US and would have to leave to consular process. However, once they depart the US, they would trigger a 10 year bar if they've been present unlawfully for over a year. There is a hardship waiver (hardship to a US citizen immediate relative), however parents of US citizens can't get a waiver base on hardship to their US citizen child.
    Answer Applies to: Texas
    Replied: 2/5/2014
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