What other option is available to petition my parents? 5 Answers as of April 06, 2015I would like to petition for my parents who overstayed visitor visa from 1989. They lost their entry documents and passport therefore we have no proof of legal entry. We have requested records through FOIA, and Visa services with all saying no records found.
Havens & Lichtenberg PLLC | Michael Lichtenberg
There are no other viable options. Your parents are deportable as unlawfully present and inadmissible for 10 years. In other words, even with your petitions for them approved, they have to leave the U.S. and cannot come back for 10 years - unless they can prove that they entered the U.S. with visas, legally. If you filed FOIA requests with USCIS and received "no records" answer, you should make FOIA inquiry with the Customs & Border Protection ( https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate ) If that, too, fails, you will need an immigration attorney who will take your parents' case all the way through USCIS and Immigration Court.
Answer Applies to: New York