Legal Question in Immigration Law in New York
I am an American born citizen and would like to apply for citizenship for both my parents. They have been in America for 25 years illegally due to overstaying and have no criminal record, no deportation, my mother owns a house and they both pay their taxes. My parents are legally married but are separated. My mother doesn't want me to apply for my father, is there any possible way I would be able to apply for them separately? As for instance my mother first and then my father? or is it necessary that i file for both at the same time?, and would it be wise to apply and file on our own or with a lawyer?
4 Answers from Attorneys
As dependents you must file for them separately.
However, based on whether they were inspected and admitted into the U.S. will determine whether you can in fact file for them.
Contact my office for a free consultation - we are exclusively an Immigration Law Practice.
Caro Kinsella
Immigration Attorney
954-304-2243
First you can't apply for their citizenship but may be able to apply for their lawful permanent resident status. The fact that they entered illegally is going to be a major hurdle and they may not qualify for lawful status without leaving the country because of this. However, they may qualify if a petition was filed on their behalf before April 30th, 2001. They may also qualify for cancellation of removal if they are in immigration court but this has it's own risks or they may qualify for asylum or withholding of removal. It would be a huge mistake for you to attempt this without an attorney. Also, you should be careful because their a lot of problems with scams of people in your situation. This is because you obviously care about your parents and people may promise quick and easy answers in exchange for money. I suggest you speak to an immigration attorney to discuss your options. For a free consultation you may call my office at 212 537 4407 or email me at [email protected].
Hi,
The USCIS actually requires a separate immigrant petition for each parent. Additional information about the sponsorship categories is here: www.h1b1.com/sponsor.htm
You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.
Yes, you can apply for them individually. However, I suggest you consult with an immigration attorney as your parents have inadmissibility issues due to them being illegal. For a free consultation, please contact my office at 904-371-3538 or email me at [email protected].
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