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AV Preeminent Peer Rated Attorneys
Glenn Heights Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Glenn Heights Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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About our Immigration Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How hard would it be to get him papers and would there be any complications since he entered illegally?

Answered by attorney Kevin L. Dixler
Immigration lawyer at Law Office of Kevin L. Dixler
If he entered without inspection, then he cannot adjust status, here, unless he was paroled into the U. S., so more information is needed. There may be more options. However, I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough to ask enough questions.
If he entered without inspection, then he cannot adjust status, here, unless he was paroled into the U. S., so more information is needed. There may be more options. However, I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough to ask enough questions.
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If I petition my mother does she need to leave the country under penalty?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
Immigration lawyer at Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is: Yes, you can petition her, but she will probably need a waiver. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your mother's situation. He/she would then be in a better position to analyze her case, advise you of her options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is: Yes, you can petition her, but she will probably need a waiver. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your mother's situation. He/she would then be in a better position to analyze her case, advise you of her options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
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Can I petition my parents if I just became a US citizen last month?

Answered by attorney David Nabow Soloway
Immigration lawyer at Kennedy, Nalepa & Soloway, P.C.
In general, after an adult becomes a naturalized U.S. citizen, the citizen may apply for his/her parents to adjust status to become Lawful Permanent Residents (to get "Green Cards") if the parents entered the U.S. lawfully and with inspection. This is true regardless of whether the parents may have overstayed their visas. Also, immediately upon filing an adjustment of status application, the beneficiary's new status becomes "applicant for permanent residency," which authorizes the beneficiary to remain in the U.S. while the case is pending, regardless of the expiration date of the previous visa. Note, however, that where the parents entered the U.S. with visitor visas (or certain other temporary/nonimmigrant visas), an application filed very soon after entry may create significant problems. Visitor visas are for people who genuinely intend to enter the U.S. to stay temporarily in compliance with their visas and then depart. When an adjustment of status application is filed very soon after entry, it may appear that they entered with the actual intention of applying to adjust status and remain permanently. There then becomes a risk that the USIC could view the use of a visitor's visa as constituting visa fraud, with very harsh consequences. It would be wise to engage an immigration attorney who, upon learning all of the relevant facts about your parents and their immigration-related history, will be able to advise about immigration eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
In general, after an adult becomes a naturalized U.S. citizen, the citizen may apply for his/her parents to adjust status to become Lawful Permanent Residents (to get "Green Cards") if the parents entered the U.S. lawfully and with inspection. This is true regardless of whether the parents may have overstayed their visas. Also, immediately upon filing an adjustment of status application, the beneficiary's new status becomes "applicant for permanent residency," which authorizes the beneficiary to remain in the U.S. while the case is pending, regardless of the expiration date of the previous visa. Note, however, that where the parents entered the U.S. with visitor visas (or certain other temporary/nonimmigrant visas), an application filed very soon after entry may create significant problems. Visitor visas are for people who genuinely intend to enter the U.S. to stay temporarily in compliance with their visas and then depart. When an adjustment of status application is filed very soon after entry, it may appear that they entered with the actual intention of applying to adjust status and remain permanently. There then becomes a risk that the USIC could view the use of a visitor's visa as constituting visa fraud, with very harsh consequences. It would be wise to engage an immigration attorney who, upon learning all of the relevant facts about your parents and their immigration-related history, will be able to advise about immigration eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
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