What do I have to do to sponsor my parents to come to the United States? 17 Answers as of March 09, 2012

I'm over 18 years old, I am an American citizen and I'm living in USA by my own. My parents are living in Israel and they are not an American citizen. My mother has a visa and she can come (just for a limited time), but my father can't get even a visa because almost 4 years ago he tried to get into the USA from Mexico, but the migration caught him and they sent him back to Israel, without the opportunity to come back for 5 years. Now, my father was trying to get into the USA from Mexico and the migration told him to stay away from the USA for 5 years.

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Bogart Immigration Law, LLC | Nathan Bogart

In order for a U.S. citizen to petition for parents, it is necessary to be 21 years of age. Once 21, you can file an I-130, "Petition for Alien Relative." You file that petition with the U.S. Citizenship & Immigration Services. They will process it, and if approved, forward it to the National Visa Center (NVC), a division of the Department of State. They will process it at the NVC, require some processing costs and the filing of an I-864, "Affidavit of Support," and then forward everything to the U.S. consulate in your parents' home country, in this case, Israel. When an appointment is available, your parents will be called in for an interview. If no bars of inadmissibility are applicable, they will be allowed to enter the U.S. as Lawful Permanent Residents. The issue with your father concerns me some, and I would suggest you speak face to face with an immigration attorney, sharing all details that you know about the incident on the border. Good luck!

Answer Applies to: Missouri

Replied: 3/9/2012

Perez & Gomez Law, LLC | Ana Maria Gomez

I will recommend he does not try to come back undocumented because that will hurt any future immigration benefit. You need to be 21 before you can petition for your parents.

Answer Applies to: Minnesota

Replied: 2/21/2012

Law Offices of Svetlana Boukhny | Svetlana Boukhny

You can only petition for your parents once you turn 21. If your father is barred from reentry for a certain period of time, you will need to wait until that time period has passed in order to petition for him. If he tries to reenter the US unlawfully, he may be barred permanently and then you will not be able to petition for him at all.

Answer Applies to: California

Replied: 2/20/2012

Feldman Feldman & Associates, PC | Lynne Feldman

Once your are 21 you may sponsor them as immediate relatives and they will be eligible for permanent resident status. Before that the best option may be another nonimmigrant visa; your father would also need a waiver because of his prior deportation. If you would like to consult on options for them I will need more details about their education and employment experience. A paid consultation can be arranged by contacting my office as indicated below.

Answer Applies to: California

Replied: 2/20/2012

Law Offices of Grinberg and Segal | Alexander Segal

You cannot petition for your parents until you are 21 years old. It is in your father's best interest to avoid trying to enter the country until he can do so legally. He could cause severe harm to his future immigration if he continues to make efforts to enter that are illegal. It would be best for him to remain where he is until you can petition for him. As for your mother, she can continue to travel here on her visa, but should comply with the terms of her visa. Once you turn 21, you can petition for both your parents. You should strongly consider hiring an attorney to assist you due to your father's prior deportation. Though 5 years may pass, it can still factor into his case.

Answer Applies to: New York

Replied: 2/20/2012

Wildes & Weinberg, P.C. | Leon Wildes

When you are over 21 and a. US citizen you can sponsor them

Answer Applies to: New York

Replied: 2/20/2012

LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante

You cannot petition your parents until you turn 21. An attorney should examine your dad's record. He might be barred for 10 years.

Answer Applies to: California

Replied: 2/20/2012

HERNANDEZ & SUAREZ, PL | YAHIMA SUAREZ

You may petition for both your parents to come to the United States. The moment you file the petition, your mother will most likely not be given visitor's visa again to come because immigration is going to assume that she will stay. As to your father's situation, you would have to petition him to come and you may have to present one or two waivers during the consular processing to waive the 5 year bar and any other penalty. Without having exact details of what happened when he entered the United States through Mexico, it is not possible to give you a realistic idea of what would need to be done. This is, regardless, a difficult process and it is up to the consulate if they want to grant the waiver(s) and allow your dad to come live in the United States or not.

Answer Applies to: Florida

Replied: 2/20/2012

World Esquire Law Firm | Aime Katambwe

You will have to wait to be 21 years old in order to sponsor your parents into the US. Your Dad needs to stop wanting to come to the US without a visa since he has already been caught once. He needs to wait his 5 years and have a visa petition filed on his behalf by you and wait until it becomes available. When it does, he will need to file a waiver in order to be forgiven for breaking US laws with his attempted unlawful entry. If he doesn't he may be ineligible for a very long time. As to your Mom, once you turn 21, she can come to visit you and you decide to file for her when she is here, then she will be entitled to a visa immediately so that she can adjust her status right away.

Answer Applies to: California

Replied: 2/17/2012

Fong & Associates | William D. Fong

You can petition for him when you are 21 years old. He will need a waiver for his immigration violation.

Answer Applies to: Texas

Replied: 2/17/2012

Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn

Be very careful that your father does not come back until he can legally as if he gets caught he will never be able to return here. You can sponsor when you are 21.

Answer Applies to: Texas

Replied: 2/17/2012

Serbinin Law Firm LLC | Igor Serbinin

File immediate relative petition for both your parents. If the 5 year term since your father's denial of entry has not passed yet USCIS will ask you to give them waiver for your fathers prior border crossing. Once USCIS adjudicate your immediate relative petition with the waiver (if needed one) they will send you package with paperwork for filing affidavit of financial support and some other paperwork necessary for Department of States to process immigrant visas for your parents. Once every piece of information is complete US consulate abroad will invite your parents for immigrant visa interview and hopefully issues them entry paperwork into the United States. Once they arrive to US they will receive by mail within couple of weeks their permanent residents cards. When drafting affidavit of financial support your parents' assets and incomes can be calculated into necessary sponsorship amounts. Consult with immigration attorney if you want to speed up/streamline the process.

Answer Applies to: Colorado

Replied: 2/17/2012

Christian Schmidt, Attorney at Law | Christian Schmidt

Your father will have a hard time getting a visa to visit if he tried to enter unlawfully twice. Chances may be a little better if you petition your parents for permanent resident status but you must be 21 years of age to sponsor your parents. You should consult with an immigration attorney for an assessment of your parent's situation as more information is needed.

Answer Applies to: California

Replied: 2/17/2012

Law Office of Immigration & International Trade Law | Linda Liang

Your father is barred from US for at least 10 years even forever unless a waiver is granted because of the two attempts of his to cross the boarder. Besides you need to wait until you are 21 to sponsor anyone. Therefore, you should wait for a couple of years and hire a lawyer to get a waiver for him and get your application packet for you.

Answer Applies to: Florida

Replied: 2/17/2012

Immigration Attorneys, LLP | Robert R. Gard

First, you need to reach 21 years of age before you can file an immediate relative immigrant visa petition (form I-130) for your parents, and, after that petition is approved and the consular processing commences, you will then need to file an I-864 affidavit of support on their behalf. The I-130 form and instructions can be found at the USCIS website.

Answer Applies to: Illinois

Replied: 2/17/2012