Results 1 to 4 of 4

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

  1. #1
    Junior Member
    Points: 4,475, Level: 28
    Level completed: 25%, Points required for next Level: 225
    Overall activity: 95.0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran
    Fiore's Avatar
    Join Date
    Jan 2013
    Posts
    466
    Points
    4,475
    Level
    28
    Thanks
    158
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 18 Hrs 47 Mins 15 Secs
    Avg. Time Online
    4 Mins 19 Secs
    My Mood
    Approved
    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
    Alumni Member
    Points: 4,859, Level: 29
    Level completed: 53%, Points required for next Level: 141
    Overall activity: 41.0%
    Achievements:
    New Achievement!1000 Experience PointsVeteranOverdrive

    Join Date
    Jan 2013
    Posts
    865
    Points
    4,859
    Level
    29
    Thanks
    0
    Thanked 309 Times in 266 Posts
    Time Online
    1 Wk 1 Day 11 Hrs 27 Mins 40 Secs
    Avg. Time Online
    7 Mins 44 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
    Illustrissimi
    Points: 16,956, Level: 56
    Level completed: 68%, Points required for next Level: 194
    Overall activity: 41.0%
    Achievements:
    VeteranNew Achievement!Three Friends10000 Experience PointsOverdriveAdmin

    Join Date
    Jun 2007
    Location
    USA
    Posts
    6,384
    Points
    16,956
    Level
    56
    Thanks
    547
    Thanked 965 Times in 834 Posts
    Time Online
    1 Mth 2 Wks 13 Hrs 11 Mins 33 Secs
    Avg. Time Online
    25 Mins 8 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
    Valedictorian
    Points: 9,929, Level: 42
    Level completed: 96%, Points required for next Level: 21
    Overall activity: 0%
    Achievements:
    Veteran1000 Experience PointsNew Achievement!5000 Experience PointsThree FriendsAdmin
    aleful's Avatar
    Join Date
    Dec 2007
    Posts
    1,859
    Points
    9,929
    Level
    42
    Thanks
    2
    Thanked 327 Times in 279 Posts
    Time Online
    1 Wk 5 Days 1 Hr 36 Mins 33 Secs
    Avg. Time Online
    6 Mins 48 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
  •