Vernon, NY Immigration Law Firms & Lawyers

Its hard to tell from what you wrote if your dad is a legal resident with a green card, or if he has some other status. A person can lose their green card if they stay away too long. If anyone with a green card stays out of the U.S. more than 6 months in a year, immigration (customs and border patrol) can ask them if they are intending to abandon status. After one year, they don't have to ask, they can just tell the person that they cannot come in, even though their card is still valid for years. You should set up a consultation with an experienced immigration lawyer to help figure out what the situation is, and what some of your options, and his, might be.

You cannot file for adjustment of status until your priority date will become current (~17 months after filing), and, if you remain in the U.S., you must maintain legal status until the date of filing for adjustment of status. Since you entered on a visa waiver, you cannot extend or change your status. Therefore, you have to go home not later than on the 90th day from your entry. If your fiancee can become a citizen soon, and you wish to become a U.S. permanent resident without returning home, you should discuss your case with an immigration attorney face-to-face. Otherwise, after your marriage, you should go home, and your wife would file an immigrant petition (Form I-130). In about 17 months after filing, if USCIS approves the case, it will be transferred to the National Visa Center of the Department of State. NVC will send your wife some forms to fill and visa invoices to pay. After receiving all they request from your wife, NVC will send the case to the U.S. Embassy in Wellington. The Embassy will invite you to an interview and, if you satisfy their requirements (police clearance, vaccinations, etc.), issue a visa allowing you to enter the U.S. as an immigrant. After the entry, you will have to apply for a 2-year green card conditional on your marriage (if it falls apart, you will lose your green card). 18 months later, you will have to apply for "removal of conditions", i.e. for a permanent green card no longer tied to your married state.

If you are a US citizen you can just marry him and he can get his green card through you. If not you will need to speak with an immigration attorney to see what can be done.