Submitting my N-400 for Citizenship-how can I help my parents??

[PaulyCat 0]

Hi everyone, I hope I am posting in the right place.

I am submitting my N-400 tomorrow. All should go smoothly and hopefully I will be a US Citizen soon!here is my question

My parents came here in the 80's and were here legally on visas for years. They divorced in 2002. They had to go to Arizona to petition for another visa then. They both went and lied on the paperwork and said they were still married. At this point they had been married over 20 years but mom was unhappy so they divorced. Officials saw this and immediately denied their visa. They had a good lawyer and were let go but the visa was denied so they have been "illegal" since. Mom is remarried to a US citizen but was denied the Naturalization process (not sure why but I'm guessing it was due to the previous issue with my dad)

So now that I am going to be a citizen (hopefully) what can I do to help them? my dad has spoken to an immigration attorney that said that there is hope for him and that I should be able to petition for him to become a permanent resident.

Thoughts? suggestions? Thanks!

[Newbie608 103]

Is your mom a permanent resident? You should be able to petition your dad when you become a citizen. The fact that he lied to get a visa in the past may/maynot hurt him in the future...

[PaulyCat 0]

Hi there, thanks for your response. No, my mom is not a permanent resident either. She is legitimately married to a US Citizen but was denied. She had a crappy lawyer though, and I am planning on finding a good lawyer who can petition for both of my parents. They are truly two upstanding citizens (aside from the lie) who have never been in trouble with the law, pay their taxes, and have lived here most of their adult lives. I also have two brothers (one us still underage and a citizen) who depend on them.

I am 100% a by the book person. I just want some hope that I will be able to help them out.

Thanks again!

[Lornaevo 48]

It is my belief that lying to immigration will permanently bar you from any immigration benefits.

[aaydrian 479]

You may be able to get your father greencard status since it wouldn't be a spouse petitioning. It may be possible for your mother as well but harder since she has more history (and denials) than your father. Still it does not look good for your parents since they lied on government/federal documents and immigration takes this stuff very seriously. Are you knowledge to ALL the information as to what happened down in Arizona? Did they simply misrepresent their marital status or use/submit fraudulent papers in Arizona or in any other state? Was your mother honest and submitted original documents for her attempt at a greencard through her 2nd marriage?

Edited September 12, 2012 by aaydrian

[C-ma'am 684]

**Moved from Effects to General Immigration discussion as the OP needs answers about helping his parents

[PaulyCat 0]

You may be able to get your father greencard status since it wouldn't be a spouse petitioning. It may be possible for your mother as well but harder since she has more history (and denials) than your father. Still it does not look good for your parents since they lied on government/federal documents and immigration takes this stuff very seriously. Are you knowledge to ALL the information as to what happened down in Arizona? Did they simply misrepresent their marital status or use/submit fraudulent papers in Arizona or in any other state? Was your mother honest and submitted original documents for her attempt at a greencard through her 2nd marriage?

Hi Aaydrian! thanks for your response.

I do not know ALL that happened because my parents don't want to talk about it. They misrepresented their status, that much I know. They did NOT submit or use fraudulent papers there or in any other state. Should we even try to get them green cards? I am afraid that if I submit papers for them and they are denied, they will be deported. I know it was a stupid mistake and they should have never done that but what is done is done.

Thanks again!

[Newbie608 103]

Since the mom was denied twice, I just don't think she'll stand a chance but don't take my word for it. You need to consult a very good immigration lawyer. Since they've lived here for so long illegally and not get caught. You petitioning them could stir up the past and get them deported.

[aaydrian 479]

Hi Aaydrian! thanks for your response.

I do not know ALL that happened because my parents don't want to talk about it. They misrepresented their status, that much I know. They did NOT submit or use fraudulent papers there or in any other state. Should we even try to get them green cards? I am afraid that if I submit papers for them and they are denied, they will be deported. I know it was a stupid mistake and they should have never done that but what is done is done.

Thanks again!

Get an immigration lawyer with experience in situations like your parents and a good record to advise you on your chances and what to do. If your parents want to be tight lipped despite you trying to help them then let them remain law abiding illegals.

Edited September 12, 2012 by aaydrian

[NigeriaorBust 4,087]

They are both subject to a 10 year ban at least for overstay. A child CAN NOT submit a hardship waiver for a parent. The other issues make it even harder as they may need other forgiveness for the fraud ( if available) Right now there is nothing you can do until they leave and sit out the 10 year ban.

[Hypnos 6,576]

Overstay is forgiven for immediate relatives of a US citizen.

Immediate relatives = spouse of, minor (under 21) child of, parent of, a US citizen.

They still have substantial issues to overcome, but the overstay is not one of them.

You should consult with an experienced AILA-certified attorney.

Edited September 12, 2012 by Hypnos