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How can I make my parents U.S. resident? What are the forms required?

New York, NY |

I am currently 22 years old and was born in the U.S. My parents have not left the U.S. in over 15 years and I would like to make my parents U.S. residents since I was told children over 21 years old are eligible to start this process. My parents are also not married, so I know that the process will be conducted seperately. I would like to know what are the procedures needed to make my parents legally able to live here without leaving the country. Also, how long will this process take? Is a lawyer needed or can I complete the forms by myself? Thank you.

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Attorney answers 6

Posted

You will need to begin the process by filing an I-130 petition for each of them. They can file their application for adjustment of status concurrently with your I-130. You need to file other forms as well.
It would be wise for you to hire an immigration lawyer because the whole process involves a lot more than just filling out the forms. It will take about 4-8 months.

Posted

You can find information online at www.uscis.gov. under Forms I-130 and I-485. You will have to file separate petitions for your parents. The process takes about 3 to 5 months. I recommend hiring a lawyer if you are not sure how to go about applying and requirements.

Posted

I agree

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

While you can petition for your parents, the question is whether they're eligible to adjust status in the us. The answer depends largely, but not exclusively, on how they entered the us, eg legally or illegally.

You should consult with an attorney to make sure you do everything correctly.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Asker

Posted

My father and mother entered the U.S. illegally but were not caught by officials crossing the border.

Sonya Nicole Campbell

Sonya Nicole Campbell

Posted

That would still qualify them as entering without inspection, because they do not possess I-94 cards signifying admission, nor have they been paroled into the United States.

Posted

You need to sponsor them for lawful permanent residence.

Myron R. Morales, Attorney
Morales PLLC
info@moralespllc.com

Asker

Posted

Can you please let me know the procedures needed for sponsorship? Thank you.

Myron Russell Morales

Myron Russell Morales

Posted

You would file an adjustment package for each of them. You can check out the instructions for the I-130 and I-485 for all the details at www.uscis.gov.

Veronica Tunitsky

Veronica Tunitsky

Posted

If they didn't enter legally and don't have protection under 245i, they will not be eligible to adjust in the us. You need to meet with a lawyer to review what can and cannot be done for them.

Posted

It is definitely better to have a professional assist you with your case, especially since your parents have been here without status for so many years and also because they are not married (which makes it more difficult to petition for your dad).

Gregory Romanovsky, Esq.
www.romanovskylaw.com
212.500.1114

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