GC for dad is he...

[Sven 0]

....has been here illegally for 22 years? Someone claims his adult children could petition for him. I only did my AOS and I-751, so I can't really comment on that. I thought you had to be here legally in order to petition for it? Can someone clear this up for me?

Edited November 23, 2009 by Sven

[payxibka 10,045]

....has been here illegally for 22 years? Someone claims his adult children could petition for him. I only did my AOS and I-751, so I can't really comment on that. I thought you had to be here legally in order to petition for it? Can someone clear this up for me?

what do you mean by illegally? 22 yr overstay?

Edited November 23, 2009 by payxibka

[Sven 0]

....has been here illegally for 22 years? Someone claims his adult children could petition for him. I only did my AOS and I-751, so I can't really comment on that. I thought you had to be here legally in order to petition for it? Can someone clear this up for me?

what do you mean by illegally? 22 yr overstay?

First of all, I' sorry formisspelling. Was supposed to be " GC for dad if he.."

Well, you can call it overstay if you want. Just has been working here illegally for 22 years.

[Chica Yeyé 41]

More than overstay then. Illegal work is forgiven through marriage to a USC in most cases; but a 22 year stint for a parent might be different. What visa did he use to come in 22 years ago?

[Sven 0]

More than overstay then. Illegal work is forgiven through marriage to a USC in most cases; but a 22 year stint for a parent might be different. What visa did he use to come in 22 years ago?

No visa. They would forgive 22 years when married to a U.S. citizen? Wow, that's a lot.

Edited November 23, 2009 by Sven

[aaron2020 11,651]

More than overstay then. Illegal work is forgiven through marriage to a USC in most cases; but a 22 year stint for a parent might be different. What visa did he use to come in 22 years ago?

No visa. They would forgive 22 years when married to a U.S. citizen? Wow, that's a lot.

It's very likely that the father could be subject to a 10 years ban from the US. This is not something your friends should not do on their own. Have them find a qualified immigration lawyer who can walk them through the process. If they do it wrong, their father could end up being deported.

[Chica Yeyé 41]

More than overstay then. Illegal work is forgiven through marriage to a USC in most cases; but a 22 year stint for a parent might be different. What visa did he use to come in 22 years ago?

No visa. They would forgive 22 years when married to a U.S. citizen? Wow, that's a lot.

It's very likely that the father could be subject to a 10 years ban from the US. This is not something your friends should not do on their own. Have them find a qualified immigration lawyer who can walk them through the process. If they do it wrong, their father could end up being deported.

I concur with aaron. You need a very qualified immigration attorney.

[payxibka 10,045]

More than overstay then. Illegal work is forgiven through marriage to a USC in most cases; but a 22 year stint for a parent might be different. What visa did he use to come in 22 years ago?

No visa. They would forgive 22 years when married to a U.S. citizen? Wow, that's a lot.

It's very likely that the father could be subject to a 10 years ban from the US. This is not something your friends should not do on their own. Have them find a qualified immigration lawyer who can walk them through the process. If they do it wrong, their father could end up being deported.

re-entry "bans" do NOT go into effect until the alien departs the country... so as long as the alien remains in the country, no "ban" to re-entry.

A qualified attorney is good advice...

does he have proof of legal entry?

[Brother Hesekiel 2,236]

Sven,

first of all, you need to understand one really huge difference:

if you dad arrived 22 years ago with a visitor's visa (B2), but never went home afterward, that's an overstay that can be forgiven by Adjustment of Status (AOS) from within the United States. What he would need for that is the long expired I-94 form that they stapled into his passport or at least a copy of it. Basically he has to prove that he entered the country -- 22 years ago -- legally.

However, if your dad crossed the Rio Grande or jumped off a ship without talking to anyone, he entered without inspection (EWI), which means he has no status to adjust from, as he was never legally admitted to the US. That would require him to leave the US, at which point a 10-year ban would be triggered. This ban can be overcome with a 601 waiver, but it's no walk in the park, which is why I would consult an expert attorney in these things, such as Laurel Scott. Money well spend.

She knows 100 times as much about 601 waivers as all the smart people on this board combined.

You'll find her on immigrate2us.net.

Edited November 23, 2009 by Just Bob

[Sven 0]

Sven,

first of all, you need to understand one really huge difference:

if you dad arrived 22 years ago with a visitor's visa (B2), but never went home afterward, that's an overstay that can be forgiven by Adjustment of Status (AOS) from within the United States. What he would need for that is the long expired I-94 form that they stapled into his passport or at least a copy of it. Basically he has to prove that he entered the country -- 22 years ago -- legally.

However, if your dad crossed the Rio Grande or jumped off a ship without talking to anyone, he entered without inspection (EWI), which means he has no status to adjust from, as he was never legally admitted to the US. That would require him to leave the US, at which point a 10-year ban would be triggered. This ban can be overcome with a 601 waiver, but it's no walk in the park, which is why I would consult an expert attorney in these things, such as Laurel Scott. Money well spend.

She knows 100 times as much about 601 waivers as all the smart people on this board combined.

You'll find her on immigrate2us.net.

lol, it is not my dad. Thanks for all the explanations! You all have been very helpful. Although I think it sucks majorly that someone can be here for 22 years illegally and can just adjust the status like this.

Edited November 23, 2009 by Sven

[aaron2020 11,651]

Sven,

first of all, you need to understand one really huge difference:

if you dad arrived 22 years ago with a visitor's visa (B2), but never went home afterward, that's an overstay that can be forgiven by Adjustment of Status (AOS) from within the United States. What he would need for that is the long expired I-94 form that they stapled into his passport or at least a copy of it. Basically he has to prove that he entered the country -- 22 years ago -- legally.

However, if your dad crossed the Rio Grande or jumped off a ship without talking to anyone, he entered without inspection (EWI), which means he has no status to adjust from, as he was never legally admitted to the US. That would require him to leave the US, at which point a 10-year ban would be triggered. This ban can be overcome with a 601 waiver, but it's no walk in the park, which is why I would consult an expert attorney in these things, such as Laurel Scott. Money well spend.

She knows 100 times as much about 601 waivers as all the smart people on this board combined.

You'll find her on immigrate2us.net.

lol, it is not my dad. Thanks for all the explanations! You all have been very helpful. Although I think it sucks majorly that someone can be here for 22 years illegally and can just adjust the status like this.

It's not as easy as you may think. This is easy to mess up and the cost is high. Your friend's father could face a ban (if he leaves the US) or he could face deportation (if he stays in the US). Having a US citizen child file for an illegal alien parent is not that easy and not without great risks. This is why retaining an immigration lawyer is a prudent move.

[Boiler 45,514]

Filing an I 130 would be easy, big issue is if he can show legal entry.