Fixing your parents’ immigration status if they entered the US illegally depends on their unique situation, including how they entered the U.S. and their current circumstances. The best option will vary, but there are several legal options available that can help them adjust their status or gain lawful residency.
Choosing the right approach requires careful consideration and our professional guidance.
Here are some of the options your parents may be able to take:
- Petitioning as a U.S. citizen
- Parole in place (PIP)
- Waivers of inadmissibility
- Advanced parole
- Adjustment of status under 245(i)
- U visa or T visa eligibility
- Cancellation of removal
- Consular processing
- I-601A provisional waiver
We understand how difficult it can be to see your parents’ immigration status remain unresolved. You may worry about the risks they face, including deportation, family separation, or missed opportunities to gain lawful status. Without action, these problems could grow more complex and harder to solve over time.
The good news is that there are solutions, and you don’t have to face this alone. Contact our experienced immigration lawyer in Miami today to take the first step toward securing your parents’ future.
Can I fix my parents’ papers if they entered illegally?
It is possible to fix your parents’ immigration status, but it depends on how they entered the U.S. and their specific situation. Challenges like illegal entry or lack of documentation make the process harder. Legal solutions, like waivers, may help, but our legal guidance is important.
Challenges of fixing immigration status for parents who entered illegally
Illegal entry or lack of proper documentation creates significant hurdles in immigration processes. Without proof of lawful entry, parents may be ineligible to adjust status within the U.S., often requiring them to leave the country and apply for a waiver before returning—a process that we know can be stressful and uncertain.
Misconceptions about legal entry
Some parents may not realize they entered the U.S. legally under certain circumstances. For instance, being “waved through” at a border checkpoint or using fraudulent documentation may still qualify as a form of legal entry for adjustment of status purposes.
We will help identify these scenarios by thoroughly reviewing your parents’ immigration history.
The permanent bar
Parents who entered the U.S. illegally multiple times after April 1, 1997, may face a permanent bar to re-entry. The permanent bar prevents individuals who entered or re-entered the U.S. unlawfully from applying for legal status for ten years.
This bar can make fixing their status challenging, as it often requires them to remain outside the U.S. for ten years. We’ll help explore waivers and legal options to address this.
Additional reading: do I need an immigration lawyer
Can I get my parents’ papers at 21 if they entered illegally?
If you are a U.S. citizen and 21 or older, you can petition for your parents. However, unlawful entry can create barriers to adjusting their status. Options like waivers, parole in place, or advanced parole may help solve these issues. Each case is different, so seeking our legal help is essential.
The role of U.S. citizen children
As a U.S. citizen, once you turn 21, you can file Form I-130 (Petition for Alien Relative) to sponsor your parents. This establishes the family relationship and is the first step in helping them gain lawful permanent residence. However, further steps depend on your parents’ immigration history and circumstances.
Barriers to adjustment of status
For parents to adjust their status within the U.S., they must have entered the country lawfully. Unlawful entry often requires parents to leave the U.S. to complete consular processing, which could trigger bars to re-entry. These barriers make adjustment of status challenging for parents who entered without inspection.
Solutions
There are several pathways to address these challenges:
- Parole in Place (PIP): This option is available for parents of active-duty military members, veterans, or reservists. It allows them to remain in the U.S. and apply for adjustment of status—more on this below.
- Advanced Parole for DACA and/or TPS Recipients: If your parent previously held DACA or TPS and traveled abroad with advanced parole, their re-entry into the U.S. could establish a lawful entry record.
- Waivers of Inadmissibility: Parents subject to re-entry bars may apply for waivers by demonstrating that their absence would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.
If you want to help your parents fix their immigration status, we will help. Contact us for legal advice today to learn your options and take the first step to bring your family together.
How to fix my parents’ papers
Each option has specific requirements, and our lawyers will guide you through the process, depending on which one is suitable for you.
1. Petitioning as a U.S. citizen
If you are 21 or older, you can file a family-based petition (Form I-130) for your parents. This step establishes your relationship and allows them to begin the process of applying for legal residency.
However, if your parents entered the U.S. unlawfully, additional steps may be required. They may need to apply for waivers or complete consular processing outside the U.S., depending on their case. Our lawyers will help you determine the best approach for your family.
2. Parole in place (PIP)
Parole in place is an option for parents of U.S. military members, veterans, or reservists. It allows them to stay in the U.S. and apply for adjustment of status without leaving the country.
This program provides temporary permission to remain in the U.S., which can help parents avoid deportation. Our lawyers will assist you in applying for PIP and guiding you through the process.
3. Waivers of inadmissibility
If your parents face barriers like a re-entry ban, they may qualify for a waiver. Waivers allow individuals who are otherwise inadmissible to seek legal entry or adjustment of status. This waiver requires showing that their absence would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.
Waivers are critical in cases involving unlawful entry or other inadmissibility issues. Our lawyers will help you prepare a strong waiver application and ensure it meets all legal requirements.
4. Advanced parole
Advanced parole allows parents with DACA or TPS to travel outside the U.S. and re-enter legally. This can help establish lawful entry for adjustment of status later.
Parents must apply for advanced parole before leaving the U.S., and consulting our lawyers will help avoid complications. This method is only available in specific situations, and we will help determine if it’s right for your parents.
5. Adjustment of status under 245(i)
Section 245(i) of the Immigration and Nationality Act allows certain individuals who entered the U.S. illegally to adjust their status if they have an eligible petition or labor certification filed on or before April 30, 2001.
If your parents qualify under this provision, they will adjust their status without leaving the U.S., even if they entered unlawfully. Our lawyers will review their case to see if this option applies.
6. U visa or T visa eligibility
If your parents have been victims of certain crimes or human trafficking in the U.S., they may qualify for a U visa or T visa. These visas provide legal status and a pathway to lawful permanent residency.
These visas require cooperation with law enforcement and evidence of the harm suffered. Our lawyers will assist your parents in applying for these protections and ensuring their case is as strong as possible.
7. Cancellation of removal
If your parents are in removal proceedings, they may apply for cancellation of removal. This relief is available to those who have been in the U.S. for at least 10 years, have good moral character, and can prove that their deportation would cause exceptional hardship to a U.S. citizen or LPR family member.
Cancellation of removal can stop deportation and lead to lawful permanent residency. Our lawyers will guide you through this process and help present a strong case to the immigration court.
8. Consular processing
Parents without lawful entry may need to leave the U.S. to apply for a green card through consular processing. This requires attending an interview at a U.S. embassy or consulate in their home country.
However, leaving the U.S. after unlawful presence may trigger the 3- or 10-year bar, preventing them from re-entering for a significant period. It’s vital to assess these risks and determine whether consular processing is the best option for your parents.
9. I-601A provisional waiver
The I-601A provisional waiver allows parents to address the 3- or 10-year bar without leaving the U.S. It requires proving that their absence would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.
This waiver is an essential tool for parents who entered the U.S. unlawfully and want to avoid the risks of consular processing. Our lawyers will guide you through the waiver application process to improve the chances of success.
Need a Kendall immigration lawyer to guide you through the immigration process? Yolanda Mendoza Law will explore every possible path to legal status for your parents. Book a consultation with us today and take the first step.
As a child, can I sponsor both parents or just one?
If you are a U.S. citizen aged 21 or older, you can sponsor both of your parents individually as immediate relatives. However, each parent requires their own petition, and there are important details to consider when managing the sponsorship process
Eligibility for sponsorship
A U.S. citizen child can sponsor both parents as immediate relatives, but a separate Form I-130 must be filed for each parent. There is no limit to the number of immediate relatives a U.S. citizen can sponsor, so both parents can apply as long as you meet the requirements.
Our lawyers will help you prepare the necessary forms and ensure all documents are submitted correctly to avoid delays or complications in the process.
Financial sponsorship requirements
As a sponsor, you must meet the income requirements outlined in the Affidavit of Support (Form I-864). This document ensures you can financially support your parents and prevent them from becoming dependent on public funds.
If you do not meet the income threshold, you can use a joint sponsor who agrees to take financial responsibility. Our lawyers will help you handle this process and ensure all financial documentation is properly submitted.
Limitations
While U.S. citizen children can sponsor their parents, they cannot include siblings or other extended family members as derivatives in their parents’ petitions. This limitation often leads families to explore other avenues for bringing additional relatives to the U.S., such as sibling-to-sibling petitions, which take longer.
If your parents have other relatives they hope to sponsor, we will help explain their options and what steps may be available to bring the family together.
Considerations for mixed-status families
If your family includes multiple children, some of whom are not U.S. citizens, this does not affect your eligibility to sponsor your parents. As long as you are a U.S. citizen and meet the age requirement, you can file petitions for both parents, even if other family members have different immigration statuses.
Mixed-status families can sometimes complicate the process when coordinating efforts, especially if other family members want to apply for status later. Our lawyers will help your family handle these challenges to ensure a smoother process.
Importance of waivers
In cases where one or both parents entered the U.S. unlawfully or face other inadmissibility issues, waivers may be necessary. These waivers require showing that denying entry would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
We understand how important it is to reunite your family, and our lawyers will guide you through the waiver process to help overcome these legal barriers.
If you’re ready to sponsor one or both of your parents, our team is here to support you every step of the way. Schedule a consultation today, and we’ll guide you through the process with care and expertise.
What is lawful entry?
Lawful entry means that a person was inspected and admitted or paroled into the U.S. by an immigration officer at a port of entry. It typically requires documentation, such as a visa or other travel authorization, confirming that the person entered legally.
Unlawful entry occurs when someone enters the U.S. without inspection or proper documentation. However, certain situations may still qualify as lawful entry for immigration purposes. For example, if a person was “waved through” at the border without inspection, it might be considered lawful. Similarly, using fraudulent documents to gain entry could also count as lawful entry in some cases, depending on the specific circumstances.
Below, we explain other scenarios that might qualify as lawful entry and how they can impact immigration status.
Humanitarian parole
Parents who entered the U.S. under humanitarian parole, such as for urgent medical treatment or temporary refuge, may qualify as having lawful entry. This can allow them to adjust their status under certain circumstances.
Visa Waiver Program (VWP)
If your parents entered the U.S. through the VWP for tourism or business but overstayed, they may still qualify as having entered lawfully. However, adjustments of status through this program are limited to specific scenarios, such as marriage to a U.S. citizen.
Proof of lawful entry
To qualify for adjustment of status, parents must provide proof of lawful entry, such as an I-94 arrival/departure record, a stamped visa, or other documents confirming they were inspected and admitted or paroled. Our lawyers will help review your parents’ entry history and documentation.
Are you searching for an immigration lawyer in Miami Beach? Yolanda Mendoza Law specializes in family-based immigration cases, including waivers and adjustment of status. Reach out today to learn how we will help fix your parents’ immigration status.
Does parole in place (PIP) apply to you?
PIP helps military families by allowing parents to stay in the U.S., avoid re-entry bars, and adjust their status. Legal guidance will simplify the process and improve your chances of success.
Who qualifies for PIP?
PIP is available to parents, spouses, and children of active-duty military members, Selected Reservists, and certain veterans. Proof of the family relationship and the service member’s status is required.
Benefits of PIP
- Establishes lawful entry for immigration purposes, a key requirement for adjustment of status.
- Prevents the need for parents to leave the U.S., avoiding the 3- or 10-year re-entry bars.
- Parents may also apply for work authorization while adjusting their status.
Our lawyers will help you gather the necessary documentation and ensure your PIP application is accurate, giving your family the stability it needs.
Additional reading: my parents brought me to the U.S. illegally what can I do
Why guidance from Yolanda Mendoza is essential
Fixing your parents’ immigration status is a complex process that requires careful evaluation and personalized attention. At Yolanda Mendoza Law, our head attorney, Yolanda, personally handles all cases from the start, ensuring every detail is reviewed thoroughly.
Having navigated the immigration process herself through helping her family members with varied cases, Yolanda brings a personal understanding and deep commitment to every case, making her uniquely equipped to guide families through these challenges.
As a client-focused firm, we tailor our services to your family’s unique needs. Our experienced team works alongside Yolanda to address your concerns and ensure all steps are handled promptly and accurately.
We specialize in family-based immigration cases, with our expertise and dedication, you can trust that every aspect of your case will be managed with precision and care.
- Select your location, view availability, and book on the attorney’s calendar – Schedule a consultation today
- Call us at: (305) 419-3334
FAQs
What happens if my parents leave the U.S. to fix their papers?
If your parents leave the U.S. after being here unlawfully, they may trigger a 3- or 10-year bar, preventing their return for that period. A waiver can address this, but leaving the U.S. without one can make re-entry extremely difficult and delay the process.
What documents are needed to petition for my parents?
To petition for your parents, you’ll need proof of your U.S. citizenship (like a birth certificate or naturalization certificate), evidence of your relationship to them (such as their birth certificate listing you as their child), and completed forms, including Form I-130. Additional documents may vary by case.
Why do I need an immigration lawyer to help fix my parents’ status?
Immigration law is complex, and mistakes can lead to delays or denials. A lawyer ensures all forms are completed correctly, helps address inadmissibility issues, such as unlawful entry if they have had any problems with the law, and develops a tailored strategy to fix your parents’ status, increasing the likelihood of success.
Can an illegal immigrant become legal after 10 years?
Living in the U.S. for 10 years does not automatically lead to legal status. However, options like cancellation of removal, waivers, or family-based petitions may help. The eligibility depends on the individual’s circumstances, including any grounds of inadmissibility.
Can I get in trouble for sponsoring an immigrant?
Sponsoring an immigrant means you accept financial responsibility for them. While you typically won’t face legal trouble, you may be liable if they use public benefits or cannot financially support themselves. Proper preparation ensures compliance with sponsorship requirements.