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Can I sponsor a Green Card for Parents even after Overstay?

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss whether a parent of a US Citizen child 21 years of age or older, can adjust status within the US if they overstayed their visa.

Overview: 

In this scenario, a US citizen child is interested in petitioning his or her parent for a green card. In this case, the parent arrived to the United States on a valid visa 12 years ago and overstayed that visa.

Can that parent adjust their status in the US? Can the parent do this process from within the US or overseas?

As long as the parent entered the United States legally by way of a valid visa and the petitioning child is a US Citizen over 21 years of age, the parent is still eligible to apply for adjustment of status within the United States, even if the parent has overstayed their visa. The “overstay” is essentially waived in cases where the petitioner is a U.S. citizen and immediate relative of the beneficiary.

On the adjustment of status application, the overstay must be disclosed.

DUI Offenses

What if my parent obtained a DUI offense while in the US? Are they still eligible to Adjust Status?

A DUI on its own does not bar an applicant from obtaining permanent residence, however the applicant must provide all documentation necessary regarding the offense, such as the final disposition of the offense, and documentation showing what if any fines were paid.

When the applicant has multiple DUI offenses, a more detailed assessment of the convictions must be made such as the recency of the offenses. It is very important for applicants with criminal offenses to provide their documentation to an immigration attorney who can determine whether the applicant is eligible to adjust status.

Applicants must be very careful to avoid fraud or misrepresentation on their applications. Applicants must disclose the overstay as well as all offenses where applicable on the adjustment of status application. Failure to do so could result in serious immigration consequences.

To discuss your particular case please contact us for a consultation.

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