im a citizen born here and my mother and father dont have legal status. all 3 of us have terminal illnesses. my mother has terminal stage 4 cancer 3 times. my father has diabetes and i myself have a history of mental illness(autism, mood disorder and depression/anxiety. i have no crimnal record and have a job to support somewhat for my ill mom. ive been very stressed about my mom getting help and thought i asked here for advice. my father works very hard. theyve been here years now. my mother doenst have a criminal history. my father doesnt have a criminal history either but about 30 years ago he was supposed to leave the us due to a judge ordering and signed willfully to leave but didnt becuase at that time my mother had me and my father needed to be there due to her going to be in distress. what options could be done to fix that since my father and mother are my emotional support and if they leaave i would be affected very much and them also.
You may be able to petition for your mother depending on some factors you do not mention, such as your age and income levels. The process for this petition can be explained in a consultation with an immigration attorney.
While you may also be able to petition for your father, he will be unable to adjust status within the U.S. unless there was a successful motion to reopen regarding his removal order. Significant time has passed since the voluntary departure which then likely became a removal order. You should discuss the options and consequences of this privately with an immigration attorney as his situation is fragile and you must proceed with caution and counsel. I wish you luck.
You must consider your mother's and father's cases as two distinct cases. They are very different for the simple fact that you state your father has an outstanding deportation order. There is no way around that order without some serious work, and I strongly recommend you get help with his situation. He is in a very fragile position. That deportation order effectively blocks his progress...and removing it may be difficult to impossible depending on the facts and circumstances.
Your mother's case does not include a deportation order, so far as I can see. However, she has been without status for quite some time, and without at least one "waiver" she will not be able to receive any status. One waiver you might read about is the I-601A provisional waiver, but she can not use you (a US Citizen child) as a "qualifying relative". Google can give you the general idea of this waiver, but I didn't want you to get false hopes. She, too, will need legal assistance to make any changes.
I am sorry you are in this position, but if you want to safely try and change their status here in the US, you must obtain qualified immigration counsel. My thoughts are with you and your family.
Nothing posted here is legal advice or a commitment to legal representation for anyone, anywhere. If you need to consult with legal counsel, please go to AILA.org and search for a qualified immigration attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline