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I am an illegal immigrant living in the US. Can my permanent resident dad petition for me?

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I am living in the US illegally for 10 years and has a previous order of deportation. My permanent resident father would like to petition for me. Would that help me in anyway. Can I continue to live here while my papers are being processed? please advice

Attorney Answers 5


Yes, but ask him to talk to an immigration attorney whether that would make sense and on what terms.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.

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If you re-enter the U.S. without permission after a removal order, as you have done, the order could be “reinstated,” which is a process that allows the immigration officer to send you back to the country to which you were previously deported, and he does not require bringing you before an immigration judge first. Also, you are chargeable with a federal crime for illegal reentry. You should contact an immigration attorney for other possible grounds.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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He can, but it would be better for you to discuss your case with an experienced immigration attorney before he submits anything on your behalf.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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There are 2 ways your status can be adjusted in the U.S.
First, if your father becomes a US citizen and file a petition for you (and you should be unmarried and under 21), you can stay. Second, if immigration reform passes, your father, as a green card holder, can file petition for you. (Not only your RPI status you can get from the Immigration Reform).

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This question cannot be answered simply on Avvo. You would need to consult with an experienced immigration lawyer. Schedule a consultation as soon as possible.

The Murray Law Firm
50 Harrison Street, Suite 310F
Hoboken, NJ 07030-6151
T: (201)875-2600
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IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

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