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My dad is a U.S. resident, can I become resident?

Dallas, TX |

My sister is U.S. citizen and my dad is U.S. permanent resident is there any way my dad could make a petition for me? I´m 27 years old and I also have a severe allergic disease and my health gets better every time I visit the U.S. staying in Mexico makes very sick I have proof and suport from my doctors. Can my dad help me get my residence?

Attorney Answers 4

Posted

No, the wait would be very long for your preferential category even with your health condition.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Asker

Posted

even if my dad makes a petition for me?

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Correct.

Asker

Posted

how many years would it take?

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

PS. Thank you for marking the answer helpful.

Posted

Your sister can file a petition for you but the wait for your immigrant visa will be very long. If your father becomes a US citizen, he can file a petition for you under the 1st preference (if you are unmarried) or 3rd preference category (if you are married) but the wait for an immigrant visa appointment at the US consulate in Juarez will be very long since both categories are backlogged to 1993. I recommend that you consult with an immigration attorney on your next visit to the US to see what other options may be available to you.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Any answers offered by Ms. Koopman on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

If I marry a U.S. citizen in Mexico how long would it take? I´m inadmisible to the U.S. because I goy a job douring my visit there with a 4 years bar so I´ll need a waiver. how long would it take?

Yvonne F. Koopman

Yvonne F. Koopman

Posted

Spouses of US citizens are immediate relatives so there are no annual quotas to worry about only the time it takes the USCIS and State Department to process the I-130, any applicable waiver application and the immigrant visa application. But you can still be looking at a year and a half at least. If you have previously been unlawfully presence in the US you should consult with an immigration attorney about the specific facts of your case.

Asker

Posted

Am I going to need the I-601 waiver? I just worked under my visitor visa I never over stayed and don´t have any criminal records. And in my case that I can not stay in Mexico because my health condition can we make the process faster?

Yvonne F. Koopman

Yvonne F. Koopman

Posted

This is not the appropriate forum for providing such case specific advise. "Just" working while on a visitor visa is a violation of status. Even if you did not overstay the visa, you may be ineligible on the grounds that you lied about the purpose of your visits to the US. You should consult with an immigration attorney in private about the particular facts of your case. Unless your health issues are life threatening, I do not believe that the US government will speed up the processing of your case.

Asker

Posted

I did it because of my health condition I was afraid of coming back to Mexico because I was going to get sick so I got a job there to save money to apply for a j1 visa and work legally and be able to spend more time there

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

PS. Thank you for marking the answer helpful.

Posted

If you are not married, he can petition for you. Will take about 8 years. You can seek humanitarian parole if you want to try and come in sooner.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Can I apply for a humanitarian parole to go sooner and wait in the U.S. for my resident or how? I believe humanitarian paroles are granted for up to 1 year am I right? What could I do?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You might be able to, but please talk to an immigration attorney in person or via Skype to evaluate your situation for more tailored advice.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

PS. Thank you for marking the answer helpful.

Posted

There are options for you, but they will all take a very long time to lead to residence. You may want to consider obtaining a work authorized status first.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio

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Posted

Can I obtain a fiance visa? my boyfriend is a US citizen but I was expedited removal a year ago with 5 years bar. Can we apply for a waiver and obtain my visa? would it be posible and faster?

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