Fingerhut, GA Immigration Law Firms & Lawyers

Although not clear from the question, I presume that you are a U.S. citizen who wishes to petition for your parents to adjust status to become U.S. permanent residents (to get "Green Cards"). If that is accurate, then you would need to file both Petitions for Relative Aliens (Form I-130) and Applications for Adjustment of Status (Form I-485). Along with those forms multiple other forms, such as Biographic Information forms, Affidavit of Support forms, Applications for Advance Parole and Applications for Employment Authorization Documents, will need to be filed, along with all necessary supporting documents. If your parents entered the U.S. recently with visitor visas (B1/B2 visas), then it will be wise to discuss with an immigration lawyer the timing of the new applications: visitor visas only may be used by people genuinely intending to enter the U.S. temporarily and then return abroad, and sometimes the filing of Adjustment of Status applications to authorize permanent residence here can give rise to a presumption of visa fraud in using the visitor visa. The immigration application process can be complex, and errors and failures to fully provide documentation can cause delays or even more harsh consequences. Even when a case is properly prepared and fully documented problems can be encountered due to errors by the USCIS. All of these are reasons why it would be wise to work with an immigration attorney in this type of case.

The rules relating to adoption can be quite complex. In general, a child must not have reached his/her 16th birthday in order to be adopted by a U.S. citizen and later become eligible for an application to become a Lawful Permanent Resident; one exception: if the child is under age 18 and a sibling under age 16 simultaneously is adopted. But is sounds like your question instead may seek to address derivative benefits for the adoptive child at the time your father seeks and obtains immigration benefits. It would be wise to engage an immigration attorney to become aware of all the details and goals and to advise about eligibilities and strategies.

There are a number of concerns, since you met him when you were a minor and conceived a child with him before your 18th birthday. In addition, it is unclear whether he will have to consular process and seek a waiver, which can take a lot of time, create frustration, and may require him to live outside the U. S. for the next ten years. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications. Good luck.