I am a U.S citizen who sponsored his parents, filled out forms, they did biometrics already now just waiting for next step.
My parents are visa overstays, my father in 2006 won the dv lottery but was unable to complete his adjustment of status because he lacked a 245 category form.(proof of employment sponsorship before 2001) Thus my dad already had a denial for green card. I remember there was a letter saying failure to depart the country would result in process of removal. He has never been in front of a judge nor has received an official letter confirming an order of removal was issued. Is there anyway he doesn't have an outstanding order? If he is detained, is there a way to still get his green card? No criminal history. Thank you for any help.
Depends. You can call the immigration court automated system and plug his A number to check whether he was ever ordered deported in his absence. You should consult with an immigration lawyer.
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.
You'll want to check his full records with USCIS, CBP, and the Immigration Courts. So long as he has not been ordered removed, he can go ahead and adjust his status. If he has an order but never left and didn't receive notice of his hearing, he should be able to reopen the removal proceedings and still go forward. In any case, an experienced immigration attorney is highly recommended to obtain and review these records and guide you through the process to avoid costly mistakes. Best of luck to you.
The answers provided here on AVVO are for general information purposes only and not "legal advice". Neither do they create an attorney-client relationship. Attorney Foley has practiced immigration and nationality law exclusively since 2004 and is licensed by the Supreme Judicial Court of the Commonwealth of Massachusetts. For more information or to contact Attorney Foley directly, see her AVVO profile.
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