IR5 To get a Lawyer or Not?

[Pakimasri12 0]

Hello everyone.

I will explain our situation and then any comments or ideas would be appreciated.

My dad and mom were married in the early 70's in North Africa. My father later moved to the U.S. approximately 15-20 years ago. He married an American, became a US citizen and later divorced.

My father is in very poor health and would like my sister who is divorced and over the age of 21yo to come to the US to help him. In addition to that, I would like her here with us since she is alone with no close family.

My father never divorced my mom, although she passed away 13 years ago.

When he was obtaining his citizenship, they asked if he had been married before. He said no. They asked if he had kids and he also said no.

I came here legally after marrying my wife, who's an american citizan, that I met through family. Unfortunately, I cannot file for my sister until I become a citizen which my wife and I will file for in December of this year. I also realize if it's up to me to help her get to the US that it will takes years, give or take 10, for her to get here.

My father suffers from dementia. So my wife and I would be his representatives. We've like to avoid lawyer fees since they are so expensive. Do we need a lawyer or can we do this on our own?

Edited April 3, 2012 by Pakimasri12

[NigeriaorBust 4,087]

If your father petitions there is still a 7 year wait ( they are working Apr 05 for F1 ) His petitioning may open a horrid can of worms ( if he didn't divorce your mother he wasn't able to marry the USC and should have gotten a GC and therefore should not have gotten citizenship ) and he lied when getting his citizenship. Everything could be undone by his stirring things up.

[ceadsearc 516]

If your father petitions there is still a 7 year wait ( they are working Apr 05 for F1 ) His petitioning may open a horrid can of worms ( if he didn't divorce your mother he wasn't able to marry the USC and should have gotten a GC and therefore should not have gotten citizenship ) and he lied when getting his citizenship. Everything could be undone by his stirring things up.

I agree. Your father obtained his green card and citizenship fraudulently and then lied and said he had no kids. Trying to claim a child now will at best not be believed and at worst result in him losing his citizenship and being deported. I am not sure how even a lawyer could fix that situation but you may want to consult one anyway; don't hold your breath on your father being able to petition your sister. Even if he could you would be looking at a 7-8 year wait.

[benuk 18]

Good Luck!

[aaron2020 11,651]

Your dad has committed fraud. Having him petition for your sister is a horrible idea. If his fraud is discovered, your sister has zero chance of immigrating to the US. First, he claimed he was not married and had no kids. Now your sister will show that he is a liar when she answers truthfully on her immigration visa application. She will not get an immigration visa based on your father fraudulently obtaining US citizenship. Second, it will take 7 years. Your father must be alive at that time for your sister to be eligible for a visa. If he dies during the process, she will not get a visa.

Once you become a US citizen, you can petition for your sister. It will be 12 years before she will be eligible to apply for a visa. File Form I-130. You do not need a lawyer to file an I-130. The instructions are very simple and straightforward.

Edited April 4, 2012 by aaron2020

[Boiler 46,411]

Did he commit bigamy or did he marry after your Mother died?

I am not sure it really matters, if he really is that ill then presumably he will not last long enough.