Immigration Law

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My parents just got their green card a month ago. Would it…

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My parents just got their...
My parents just got their green card a month ago. Would it be possible to have them sponsor me or do i need to wait til they get their citizenships? I am already in the states and over 21 with expired passport and i.d All my brothers and sisters are citizens with good jobs. Can they sponsor me or do i simply get marry to my boyfriend of 2 years??
Submitted: 8 years ago.Category: Immigration Law
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Answered in 2 hours by:
6/29/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,888
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Are you married or single?

 

Also, how long have you overstayed your I-94?

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Customer reply replied 8 years ago
Never been married. Over stayed 10 years
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Unfortunately, the only way that your parents could apply for you without you having to leave the U.S. is if you qualify under INA 245(i) which states that if you had an I-130, I-140 or Labor Certification properly filed for you ON or BEFORE April 30, 2001 AND you could prove that you were inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998, then you could pay a $1000 penalty and adjust status to U.S. Lawful Permanent Residency. If you did not have any of those types of applications filed for you before that date, then you have three options:


1) Wait for an immigration law to come out that will help you. I have high hopes that next year or maybe the following, something good will come out.


2) Apply for Asylum (you had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.


3) If you marry a U.S. Citizen, you could file for Residency like that.


I am truly sorry for the bad news, but the options are very limited at the moment.

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