Legal Question in Immigration Law in Texas

Hi my question is my mom and dad use to live in USA they went back to Argentina 5 yrs ago. They both over pass the visa time which was 3 months, they both stay in USA for 7 years. Now I am citizen and will like to request a petition for they to come either visit or live with me, where I do start


Asked on 1/19/14, 9:26 am

1 Answer from Attorneys

James Brown Brown Law Practice, PLLC

If you are 21 or older, you can petition for your parents to come to the United States as lawful permanent residents. Based on the facts you have provided, they might be subject to a 3 or 10 year bar to reentry to the United States depending on how long they overstayed. An overstay between 180 days up to one year triggers a 3 year bar, an overstay of one year or more triggers a 10 year bar. If they are subject to the bar, they might be able to get it waived if they can show (among other things) that their inability to come to the United States while the bar is still in effect would cause extreme hardship to a qualifying relative. As a United States citizen daughter you would be a qualifying relative.

You need to consult with an immigration attorney in you area who can do a full and comprehensive review of the facts and advise you accordingly.

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Answered on 1/22/14, 9:09 am


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