Can i apply for my parents who are undocumented, if I am a 21 years old US citizen?

Can i apply for my parents who are undocumented, if I am a 21 years old US citizen?

  • Parents would have to return to Mexico to obtain an immigrant visa if they’re not 245(i) eligible. Unfortunately they’re not going to be eligible for a waiver because most of those parents have been illegally in the United States for one year or more so as soon as they leave the United States to obtain their immigrant visa, they start a ten year bar from returning to the United States.
  • For a spouse or a child there are waivers eligible so he or she can come back to the United States. However, for a parent of a USC, they are not eligible for a waiver.
  • That waiver was abolished under the new IIRIRA laws in 1996 so if your parent returns to the home country so that a waiver can be filed, please be aware that parent is going to have to remain outside of the United States for ten years before a waiver becomes eligible for him to return.

 

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