Legal Question in Immigration Law in California
how do i get my dad his papers to come back in the states, how do they get marri
My dad lived in the US since he was 4 yrs old, in 1994 he was convicted of a narcotics violation, he did jail time here in the states and cmpltd all drug prgrms. Upon the completion of evrythng, we moved and a local officer clmd he didnt rgstr as a narcotic ofndr w/ his chng of adrss. My dad was snt to Tx to srv more time b4 being sent to Mxco. He's been in Mxco since 1995 . my dad became a model citizen as a member of the Mxicn military and taught adult education to military personal. He now does clerical work for the government in Tijuana. Upon him being snt to Mxco, there was 5 yr prbtn before he could apply to return to the states. If it matters, he has found work here, perhaps a work visa? My mom is an Amrcn citizen, yet they have not been legally married. They crtnly wish to, but we don't know where to begin. My first question is, what is the first step to get my father his papers back? Not for long term living, only for visiting and working rights at this point. The second ? is what does my mother and father need to do to be married legally & how will that effect his ctznshp?? He has family who is here & have become legal citizens. Any help is appreciated!! :o)
1 Answer from Attorneys
Re: how do i get my dad his papers to come back in the states, how do they get m
I can't tell from your question if your dad was deported in 1995. I assume he was because you state he was "sent to Mexico" at that time. Yes, there was a five-year bar at the time.
A "work visa" is not really viable for your dad unless it's a specialized job that is within the NAFTA Treaty or a job that requires a bachelor's degree. I don't know if your dad has a college degree or not.
The least complicated way to reunite your dad with you guys is for your mom to file a fiancee petition for your dad. Once it's approved here, your dad can travel to the U.S. consulate in Juarez to get the final visa processing to come here. Once he's here, he must marry your mom within 90 days.
Your dad's narcotic conviction must be carefully examined by a lawyer to make sure there's no severer penalties (more than the 5 years), which can prevent a visa from being issued to him.
If you are a U.S. citizen over the age of 21, you would have been qualified to petition for him but, unfortunately, since your parents were never married, and he's been in Mexico since 1995, you won't be able to show that he supported you like a legitimate child.
You're welcome to call my office if you're interested.
Liem Doan, Esq.
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