Legal Question in Immigration Law in California
As a U.S. citizen, can I petiton my parents who both have illegal status?
3 Answers from Attorneys
You must be at least 21-year old and meet the other requirements to petition your parents. We suggest you to consult with an immigration attorney.
You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.
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Yes, you can, provided that you are over 21, live in USA and can sponsor them.
Whether your parents can apply for a green card through adjustment of status would depend on their eligibility and how did they come to USA. If not eligible for adjustment of status, they'll have to go back to their home country to apply for visas and hardship waivers.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
You can petition them when you're over 21, however, whether they are eligible to adjust status in the U.S. or must travel abroad is a separate matter. They would have to travel abroad in the event they do not qualify to adjust status. They would be eligible to adjust status if they entered the U.S. legally or if they entered illegally, an immigrant petition or labor certification were filed directly for either of them or derivatively (through one of their parents) before April 30, 2001 and they were physically present in the U.S. on a particular date in December 2000.
If forced to depart the U.S., they would be barred admission to the U.S. due to unlawful presence and a waiver of inadmissibility based on extreme hardship does not apply to them. The waiver is only available to those who are spouses, sons or daughters of U.S. citizens or permanent residents. Unless your parents have one or more parents who is/are U.S. citizen(s) or permanent resident(s), they don't qualify for the waiver to enter the country on immigrant visas.
The above is general information not legal advice nor does it form an attorney client relatinship. For further information feel free to contact me at 818 609 1953 or [email protected].
Sincerely,
Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law
State Bar of CA, Bd. of Legal Specialization