Will my undocument parents be at risk if I apply for a Marriage visa for my Italian husband?

[Tallgirl_94 0]

Hello, In about two years my husband and I will move from Italy to the United States. I am a United States citizen and he is an Italian citizen. I plan on petitioning for his permanent residency. My concern is that my parents who are in the United States, are undocumented and form I-130 specifically asks for my parents birth country and country of residence as well as the city they live in. Will USCIS use this information to target my parents or will they simply use it to process my application and verify my identity? What should I do? Should we just live in Italy forever? 

[user555 196]

1 hour ago, Tallgirl_94 said:

Hello, In about two years my husband and I will move from Italy to the United States. I am a United States citizen and he is an Italian citizen. I plan on petitioning for his permanent residency. My concern is that my parents who are in the United States, are undocumented and form I-130 specifically asks for my parents birth country and country of residence as well as the city they live in. Will USCIS use this information to target my parents or will they simply use it to process my application and verify my identity? What should I do? Should we just live in Italy forever? 

Why don't you petition your parents so they will be documented?

[Tallgirl_94 0]

1 minute ago, user555 said:

Why don't you petition your parents so they will be documented?

Because due to their circumstances, they may have to leave the country for up to 10 years and they are not willing to risk that due to having a fully established life in the United States. But trust me, I would if I could.

[payxibka 10,047]

By undocumented,  do you mean they overstayed or snuck in?

[Unlockable 7,316]

3 hours ago, Tallgirl_94 said:

Because due to their circumstances, they may have to leave the country for up to 10 years and they are not willing to risk that due to having a fully established life in the United States. But trust me, I would if I could.

But they are also taking a risk by staying undocumented. they could be out at a store and encounter an officer that leads to them being discovered. There was a member on here who had a girlfriend that overstayed her visa for years. Then one day they got stopped by a police officer for a small traffic violation ( I thing running a red light) and the officer found out the gf had overstayed. A simple traffic stopped led to her being deported. Establishing a life here does not make them immune to getting deported.

 

It is much easier for you to petition for them then for them to get caught undocumented. However, a lot of it also depends if they entered illegally or have overstayed a visa.

[Tallgirl_94 0]

4 hours ago, payxibka said:

By undocumented,  do you mean they overstayed or snuck in?

They arrived in ‘91. They came in greyhound bus or something like that but they weren’t asked for their passports at the boarder. So they basically snuck in and got really lucky. But I guess stuff was easier back then. 

3 hours ago, Unlockable said:

But they are also taking a risk by staying undocumented. they could be out at a store and encounter an officer that leads to them being discovered. There was a member on here who had a girlfriend that overstayed her visa for years. Then one day they got stopped by a police officer for a small traffic violation ( I thing running a red light) and the officer found out the gf had overstayed. A simple traffic stopped led to her being deported. Establishing a life here does not make them immune to getting deported.

 

It is much easier for you to petition for them then for them to get caught undocumented. However, a lot of it also depends if they entered illegally or have overstayed a visa.

They snuck in so I don’t think it’s possible really. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,184]

22 hours ago, Tallgirl_94 said:

Hello, In about two years my husband and I will move from Italy to the United States. I am a United States citizen and he is an Italian citizen. I plan on petitioning for his permanent residency. My concern is that my parents who are in the United States, are undocumented and form I-130 specifically asks for my parents birth country and country of residence as well as the city they live in. Will USCIS use this information to target my parents or will they simply use it to process my application and verify my identity? What should I do? Should we just live in Italy forever? 

I doubt USCIS will go to the trouble of checking your parents' immigration status.  You are just providing biographical information.  However, there are no guarantees.

[Punisher 40]

On 6/10/2020 at 11:51 AM, Tallgirl_94 said:

Because due to their circumstances, they may have to leave the country for up to 10 years and they are not willing to risk that due to having a fully established life in the United States. But trust me, I would if I could.

That is correct. One way or another they would have to leave US. It is possible to file for a waiver BUT it's pointless to consider that option unless you have very strong case.

 

Flying under the radar while living quality life is possible. Having adult USC child opens a whole lot of possibilities for undocumented parents that makes life even more managable. 
 

Btw, having power of attorney for each of your parents, properly filed with your county clerk of court, would add extra security for them for what might happen or otherwise and would be, in my opinion, very smart thing to do.

[Tallgirl_94 0]

16 hours ago, Punisher said:

That is correct. One way or another they would have to leave US. It is possible to file for a waiver BUT it's pointless to consider that option unless you have very strong case.

 

Flying under the radar while living quality life is possible. Having adult USC child opens a whole lot of possibilities for undocumented parents that makes life even more managable. 
 

Btw, having power of attorney for each of your parents, properly filed with your county clerk of court, would add extra security for them for what might happen or otherwise and would be, in my opinion, very smart thing to do.

I have been researching what the process would be like for them considering that they snuck in. Apparently a lot of people are granted waivers or pardons but no one ever mentions what they did to receive one of those. I'm have a consultation with a lawyer who has worked with some of my parents' friends to see if I have a chance at successfully petitioning for them. But i definitely won't get my hopes up.

 

Also, I've never though about the whole power of attorney thing. I know I'm on the deed to their house and on the titles to their vehicles but that's basically it. I'll have to talk to them about that. Thank you!

[Ryan H 3,834]

***Post violating the below quoted provision of the TOS removed along with posts quoting or referencing; Administrative Action taken.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

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Edited June 12, 2020 by Ryan H

[Ontarkie 14,561]

~~Non contributory post along with one quoting it removed. Stick to answering the OP's questions only.~~

[Cody LA 12]

On the form it only requires biographical information for your family, it's not like they require an address/identification for them. 

 

I don't see the difference if your parents are living in the USA or another country at the time of your application? 

[Colosseo2016 1]

If im understanding right ur parents are here? Did they legally came to usa? Even if they overstay there visitors visa they could apply for adjustment of statues ( i485 ) and i130, and they wouldnt have to go back.

[Colosseo2016 1]

And no uscis isnt gonna go bother ur parents if u put them down on ur form for ur husband.