Results 1 to 4 of 4

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

  1. #1
    Junior Member
    Points: 5,220, Level: 30
    Level completed: 74%, Points required for next Level: 80
    Overall activity: 0%
    New Achievement!1000 Experience PointsVeteran5000 Experience Points
    Fiore's Avatar
    Join Date
    Jan 2013
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 22 Hrs 27 Mins 19 Secs
    Avg. Time Online
    3 Mins 41 Secs
    My Mood
    Country: Mexico

    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
    Points: 5,765, Level: 32
    Level completed: 33%, Points required for next Level: 235
    Overall activity: 82.0%
    New Achievement!1000 Experience PointsVeteranOverdrive5000 Experience Points

    Join Date
    Jan 2013
    Thanked 377 Times in 321 Posts
    Time Online
    1 Wk 3 Days 3 Hrs 10 Mins 33 Secs
    Avg. Time Online
    7 Mins 38 Secs
    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.

  3. #3
    Points: 17,955, Level: 58
    Level completed: 35%, Points required for next Level: 395
    Overall activity: 13.0%
    VeteranNew Achievement!Three Friends10000 Experience PointsOverdriveAdmin

    Join Date
    Jun 2007
    Thanked 1,002 Times in 868 Posts
    Time Online
    1 Mth 2 Wks 1 Day 8 Hrs 41 Mins 54 Secs
    Avg. Time Online
    22 Mins 39 Secs
    What are you trying to achieve by submitting the I 130's?
    Nothing in life is guaranteed, especially anything to do with Immigration.

  4. #4
    Points: 10,341, Level: 43
    Level completed: 87%, Points required for next Level: 59
    Overall activity: 0%
    Veteran1000 Experience PointsNew Achievement!Three FriendsAdmin10000 Experience Points
    aleful's Avatar
    Join Date
    Dec 2007
    Thanked 332 Times in 283 Posts
    Time Online
    1 Wk 5 Days 4 Hrs 43 Mins 3 Secs
    Avg. Time Online
    6 Mins 5 Secs
    Country: Argentina
    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

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts