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

Asked about 1 year ago - 11423

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)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Marco Caviglia

    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  3. Kyoungkyou Choi

    Contributor Level 5


    Lawyers agree

    Answered . 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).

  4. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  5. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . 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
    W: http://www.MurrayLawNJ.com
    Facebook: http://www.facebook.com/MurrayLawNJ (Follow by clicking the "Like" button")
    Twitter: http://www.twitter.com/MurrayLawNJ

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more

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