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Thread: U.S. citizen petioning parents with illegal entry

  1. #1
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    U.S. citizen petioning parents with illegal entry

    Hello Everyone,

    I had my LRP for 3 years, and then decided to apply for citizenship (married to U.S. Citizen). Thank God! I am now a Naturalized U.S. Citizen.

    I am now trying to submit I-130 form for my parents. My parents came to the U.S. illegally.

    Father: entered in 1989 but was only in the U.S. less than 6 months, and the 2nd time was in 2000 and has remained in the Country ever since. Do you guys think, he will have other inadmissabilities, besides the 10 year ban?

    Mother: entered in 2002 and has remained in the Country ever since, but was detained (catch and release) at the border prior to this entry (fingerprints, photo and name taken).

    I know there is no waiver for parents at the moment, but I would like to at least submit a petition for them, and get them started in the process.

    Does anybody know if I can petition for them since I've only been legally in the U.S. for 3 years? Do I have to wait until I am at least 5 years? I have heard many different things and I do not know what to believe.

    Am I even able to submit a petition for them? Even though they entered illegaly.

    I need advice... I would appreciate any feedback.

    Thank you!

  2. #2
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    You can petition for the the moment you became a US citizen (assuming you're over 21). How long you've been in the US or whether they have bans or whatever are irrelevant to the petition, which is only about the validity of the relationship between you and them. However, once the petition is approved, I believe you have to call NVC at least once a year so that they will keep the petition alive and not revoke it due to inactivity.

    I would be worried about whether your mother has a 9C ban (a lifetime ban where I-212 is only filable after 10 years out of the US), which she would have if she was "removed" and then entered illegally afterwards. You said it was catch and release, which probably wasn't a removal, but it's a good idea to make sure, maybe with an FOIA request.

    You are right that your parents don't have an obvious path to immigrate without staying outside the US a long time. Since they entered illegally, they are not eligible for AOS. There are a few exceptional situations in which they may still be able to do AOS: 1) If either of them was ever a beneficiary of a petition (filed by employer or relative, doesn't matter) that was approvable when filed, even if it is no longer valid today, they can AOS under INA 245(i). 2) If they have an immediate family member in the US military, they may be able to apply for Parole-in-Place(PiP), giving a legal entry, though I am not sure that the Trump administration is still doing that.

    Leaving the US would trigger a 10-year ban. To get a waiver, they would need to show "extreme hardship" to a USC/LPR spouse or parent. Assuming they have no USC/LPR parent, they have no such qualifying relative. If one of them were able to immigrate quickly first, that person could serve as a qualifying relative for the other spouse, but in this case, since both of them have this ban, it doesn't work.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    What are you trying to achieve by submitting the I 130's?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    at least for now, there is no way for them to immigrate, so filing an i130 is a waste of time

    it can be a very long time, you'll need to wait until something changes

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