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Can I petition my dad who is currently out of status but entered d US legally?Will they send him back to his country & be barred

Houston, TX |

I'm a US Citizen and would like to petition my father. He entered the US legally as D3 but over stayed for few years.

Attorney Answers 6


  1. If you are over 21, then yes, you can petition him. He may or may not be able to complete the process in the US.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. You can file for him but would have to file a provisional waiver of his time here unlawfully. Consult an experienced attorney to advise you.


  3. You have to be 21 years of age to do that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. If you are over 21, you may petition for your father. He may be eligible to adjust status here in the United States and not have to go through with consulate processing in his native country. You should contact an attorney to go over specifics.


  5. Yes you can file for your dad if you are at least 21 years old. He may not be sent back to his country and may not need a waiver either as he is an immediate relative of a US citizen with a legal entry to the US. You should hire an attorney to help though.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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