In this post, Attorney Jacob Sapochnick Esq, discusses at what age and how a child can legalize their undocumented parents.
Guidelines and Procedure:
To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States. In order to obtain a green card for parents of US citizens when the parent is located in the United States, the US citizen and foreign national parent will apply for the green card using the adjustment of status process. Because the foreign national parent is considered to be the immediate relative of the US citizen child, many issues that would make adjustment of status impossible for another type immigrant will be waived for the parent. For instance, some parents who are presently in the United States unlawfully can take advantage of the adjustment of status process and stay in the US for the duration of processing, while other types of green card applicants would need to return to the home country and apply there. However, parents who entered the United States without inspection (EWI) will not, necessarily, be permitted to stay and adjust status. If your parent entered without inspection (EWI), contact an immigration lawyer to to discuss your situation prior to filing any paperwork with USCIS.
For more information on this topic please contact our office to schedule a consultation.