Petitioning for parent who is already in the US (visa overstay)

[Ribs&Beans 0]

Hi everyone,

I couldn't find a situation specifically like this one, so I'm hoping asking will help. Here's the situation:

• My husband (US citizen--completely legal route) wants to solicit a visa for his father.
• His father came to the US around 2011 on a cultural exchange visa, overstayed, never left--so he's here illegally. He's been living and working here ever since.
• I believe the father has already married a US citizen (he and my husband's mother are long since divorced) and tried to legitimize his status that way, but I guess it didn't work.

Is it possible for my husband to successfully solicit a visa for his father? If so, how? Is it a situation that will definitely require a lawyer? Is it even worth trying, or would we just be wasting the money?

Thanks in advance to anyone who has some answers or who can point us in the right direction!

[kzielu 1,149]

Exactly the same process as he would be filed for by his wife. So you probably need to figure out why obtaining permanent resident status through his wife did not work...

[KM2014 3]

I was going to ask a similar question regarding this topic...my cousin is sponsoring her parents who already live in the US, she wants also to be the economic affidaivit for both of them, she hasn't filed her tax return yet, but on her last paystub of 2014 she made around 26K, would that be enough??

Also her parents are officially divorced in the US, would she need to translate their original marriage certificate of their country of origin?

[Ribs&Beans 0]

Exactly the same process as he would be filed for by his wife. So you probably need to figure out why obtaining permanent resident status through his wife did not work...

Thanks! That helps a lot. My husband called and asked--apparently the woman lied about ever submitting the paperwork. This just keeps getting more and more fun (sarcasm)! Yet he's still with her.

The process would be faster if she did petition for him, right (as opposed to an adult child petitioning for a parent)?

[kzielu 1,149]

Same length - no difference.

[NigeriaorBust 4,087]

Ribs and Beans... It would be better for the wife to petition because illegal work is more apt to be forgiven for a spouse than a parent. Also they will look really hard at the whole thing and why the wife isn't petitioning .

KM2014 Is your cousin married or has kids ? Has she petitioned or sponsored anyone else?

[KM2014 3]

Ribs and Beans... It would be better for the wife to petition because illegal work is more apt to be forgiven for a spouse than a parent. Also they will look really hard at the whole thing and why the wife isn't petitioning .

KM2014 Is your cousin married or has kids ? Has she petitioned or sponsored anyone else?

yes she is married, no kids.