Legal Question in Immigration Law in New York

How and when did your mother come to USA? Depending on the answer to this question, she might be able to adjust status (obtain a green card without having to go back to Italy).

Father, who is abroad, will apply for an immigrant visa at the US consulate when your petition is approved.

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Your ability to apply for your mother while she remains in the US depends on how she entered the US and her immigration history. If she entered the US with a visa, then you should be able to file for her while she remains here. As for your father, generally, you will be able to sponsor him while he remains abroad. It will be difficult for him to travel to the US while the application is pending, but if you are eligible to file for him, he should be able to obtain his immigrant visa at the consulate abroad before entering the US. Before filing any application with USCIS, you should consider speaking with an immigration attorney.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

As a U.S. Citizen you can sponsor your father and your mother. if you mother entered legally, you should be able to sponsor her so that she does not have to leave and can remain in USA. You father will most likely go through US embassy in Italy to get his entry visa.

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