I'm a US citizen,wants to file my father.He entered US in 2009 with tourist visa,and overstayed.Is there a fine to pay? How?

Asked over 2 years ago - Las Vegas, NV

I just passed my naturalization test and will be taking the oath soon. I want to petition my father for green card. He is 60yrs old. He entered USA in 2009 with his tourist visa and overstayed. He never worked or drive or did anything illegal. Can I file I-130 and I-485? Do I need to pay the $1,000 fine? Do I need a lawyer?

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . Can I file I-130 and I-485?
    Yes
    Do I need to pay the $1,000 fine?
    No
    Do I need a lawyer?
    Depends on how well you understand the law, and the procedure.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Peter Lunt Ashman

    Contributor Level 9

    2

    Lawyers agree

    Answered . You do not need to pay the $1000 (for a bunch of reasons we don't need to get into here). He does not have to leave and yes, you can file the I-130 and the I-485 concurrently. As for whether or not you need a lawyer, as a lawyer I would say enthusiastically "absolutely".

  3. Eugene J. Glicksman

    Contributor Level 17

    3

    Lawyers agree

    Answered . You can file the I-130 and your father can simultaneously file the I-485. Based on your question, you should not have to pay the additional $1,000. Before doing anything, I would strongly urge you to consult with an experienced immigration attorney in your area. An experienced attorney will help you in getting the right paperwork filed correctly, quickly, and with much less grief and aggravation than if you try to do this yourself.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  4. Robert West

    Contributor Level 20

    Answered . The answers are fine. The only question not answered is does your father have anything in his background that would stop him from becoming a resident? The most common thing is a criminal background or a previous overstay subjecting him to the three or ten year bar. You should consult with a competent immigration attorney in your area to discuss.

    Robert West
    (702) 319-5459

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