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My friend is a legal citizen but his parents are illegal immigrants. can he apply for residency for both parents?

Valparaiso, IN |

Is he allowed both or does he have to choose one?

Attorney Answers 6

Posted

Depends on how they came to this country (without nape ton or with a visa that later expired?). Also depends on whether your friend is over 21. There may be other factors as well.

This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

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Dana Roxana Bucin

Dana Roxana Bucin

Posted

by "nape ton" my keyboard wanted to write "without inspection"

Asker

Posted

Okay if they came in without inspection is there any hope?

Dana Roxana Bucin

Dana Roxana Bucin

Posted

Consult a lawyer - depends on several factors - this is complicated. Generally, a tough case but you never know...

Posted

There is no restriction on the number of parents that a US citizen who is 21 years old or more can sponsor, but the financial support requirement may pose a barrier, and the parents' ability to adjust their status in the US may also pose a barrier. I suggest discussing the details directly with an immigration attorney. Good luck!

www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

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Asker

Posted

What may cause a problem in the parent's ability to adjust their status in the U.S? And what financial costs are most likely?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

Barriers for parents are the same as for any other intending immigrant - prior immigration history, manner of entry into the US, possibly criminal history, things like that. As far as financial costs, your friend has to show that he or she is able to support each immigrant at 125% of the poverty line (so the income your friend will have to show varies depending on household size). Depending on your friend's income, he or she may need an additional sponsor. Again, the individual details make all the difference, it's really best to consult an attorney directly instead of on a general site like Avvo. Good luck!

Posted

If your friend is a U.S. citizen and his parents meet the admissibility requirements, he can apply for both parents. However, each parent will need his/her own application.

Your friend is encouraged to consider consulting with an experienced immigration attorney (and not an unlicensed notary or consultant) prior to filing any paperwork to make certain that there are not any inadmissibility concerns and that he understands the correct process and files the right paperwork for his parents, as the requirements can be very different if they are already in the U.S. than if they are in another country. For assistance locating experienced immigration attorneys, he can look here on Avvo, at www.aila.org (American Immigration Lawyer's Association), or at www.immigrationlawhelp.org.

Best wishes,
Jennifer

Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer!

Posted

Yes. However, if they entered without inspection, they may not be able to adjust status to a permanent resident in the USA. I recommend a consultation with an immigration to figure what options are available and to explain the process.

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Posted

I agree with what others have said. A waiver may also be required based on the illegal status of the parents.

--

LORIC, Immigration Solutions

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933
Email: rcanido@loric.net.in
www.loric.net.in

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.

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Posted

Agree with colleagues.

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