Quintana, TX Immigration Law Firms & Lawyers

If your father's last entry into the country was legal or if he is eligible for 245(i), you can petition for him on form I-130 and he can concurrently apply for adjustment of status on form I-485. Otherwise, you can petition for him on form I-130 and allow the petition go through consular processing, which will require him to return to his home country to attend his immigrant visa interview at the US consulate. However, the consulate will require him to apply for a waiver on form I-601 after the interview and get it approved by USCIS if he wants to return to the US within 10 years of his departure. He is subject to the 10-year bar because he has presumedly been unlawfully present in the US for 1 year or more. To be eligible for a waiver, he must establish extreme hardship to a spouse or parent(s) who are citizens or permanent residents of the US. He cannot apply for a waiver on the basis of extreme hardship to a child(ren). This matter is very complex and you should seek the advice of an attorney before beginning the process.

Under CCA, your child will automatically acquire American citizenship on the date that all of the following requirements are satisfied: At least one adoptive parent is a U.S. citizen,The child is under 18 years of age, If the child is adopted, a full and final adoption of the child, andThe child is admitted to the United States as an immigrant The Act became effective on 2/27/2001, so the child must have turned 18 after that date.

You would file an I-539 if you need to extend her underlying non immigrant status. For example, if her qualifying relative is an LPR, then she would need to maintain a non immigrant status in order to adjust. You could do a consult with an attorney to know for sure.