How can I get my father a Green Card? 11 Answers as of January 20, 2012

You may petition for your father whereby his status should be legalized to legal permanent resident. The applicable forms are located on uscis.gov, however I strongly recommend you consult an attorney because if he entered unlawfully, or other improper means then may require a waiver but which may now be processed in the US thereby shortening the timeframe required to process full application in one's native country.

There are restrictions for crew members. However, there are exceptions. The problem here is not he does not have his I-94. It is possible to request a duplicate but you need specific details. His passport might have greater details.

Unfortunately, without proof of lawful entry it is very difficult to obtain a green card. Even if your father could prove he entered legally, he would likely be barred from adjusting in the U.S. as he entered as a crewman. Your father could possibly adjust his status if he eligible under INA 245(i), but there is not sufficient information to make this determination. Based upon what you have stated, your father would have to return to Syria and process through the U.S. Embassy/Consulate. However, he would need a waiver based upon extreme hardship as he was illegally present for more than a year. It would be best for your father to meet with an immigration attorney to discuss his history as there may be other forms of relief available.

If he came as a crewman, he would have had a C-1/D-1 visa most likely. You can apply for a replacement I-94 card but crewman cannot adjust in the U.S. unless he is eligible for Section 245(i) relief. If he returns overseas, he will trigger a ten year bar and need a waiver to return. I suggest a paid consultation with an experienced immigration attorney to learn his options.

You need to go see a qualified and experienced immigration attorney. Immigration law treats crewman harshly; this is understandable, as the law wants to discourage crewman from jumping ship. But his length of time in the USA and family members may allow him to get his green card here. Alternatively, he may have other claims to get a green card since things in Syria are so unsettled, to say the least. It would be unusual for him to have been here 30 years and never have had anything filed for him or any contact with the INS. If he has any papers or filing, I'd want to see a copy (and/or file a Freedom of Information Act request to get a copy of any papers submitted). Generally, there is a way for persons who have immediate family in the United States.His long residency here is grounds for hope.

You can start your search by researching Greek ship lines to learn when and how yiour dad may have "jumped ship" after entry as a crewman. Your mother could eventually sponsor him for residence based on their marriage. Recent ameliorations in the law may help in a case like this.

Unless he is 245i protected, he cannot adjust status based on either your petition or your mother's. He may be eligible for cancellation of removal of he can show extreme and unusual hardship to your mother.

It sounds like your Dad was a crew member, so that can complicate his ability to obtain a green card. However he has been here for a loonnnnnng time. So that means he may have some relief under one of the older laws. For example did any family or employer ever file anything for him before April 30, 2001? Has he been the victim of a crime and assisted the police? He may also have an asylum claim based on changed circumstances in Syria now. You really need to obtain a very good immigration attorney to analyze and then handle your dad's case. A good place to start is AILA.org or the local chapter of your state's legal bar.

It will depend on what visa he used to enter the US. If he entered on the most likely C-1/D. If a C-1 then, he cannot file to adjust status in the US. If D visa then possibly if he is grandfathered for INA section 245(i), by the appropriate filing prior to April 30, 2001. If not, then he will have to apply for the immigrant visa at his home consulate and will need to apply for a waiver at that time. Please watch the news for possible stateside I-601 pre-adjudication. Find a good attorney.

If your father has been in the U.S. since January 1, 1972, he may be eligible for a special path to permanent residence called "registry." He may not be eligible to adjust his status to residency through you or your mother if he entered as a crew member, but it would be worth consulting with an attorney to explore every possible option. This is a somewhat unique situation, so I would strongly recommend against any further action until you have consulted with counsel.