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Serious question about immigration laws?

  
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Serious question about immigration laws?

Postby plys » Tue Jul 17, 2012 11:56 pm

Okay so my friends parents came to the US illegally a while back. His mom had 4 kids here and they're legal but his parents aren't. They pay their taxes and work. I was wondering how could he go about the process of getting his parents papers? I know you have to be 21 to do it, but what are the exact specifications and what is the process? Please help. I've tried doing research on this but I'm not sure what to make of it. Oh and the kids have their papers.
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Serious question about immigration laws?

Postby dasco » Tue Jul 17, 2012 11:58 pm

Once a US citizen turns 21 and makes enough money for the mandatory Affidavit of Support, they can petition for an immediate relative (parent/spouse/child) and a sibling.

If the immediate relative entered the U.S. "with inspection," which means with a visa in their passport, an entry stamp, and an I-94 stapled into it, they can adjust status, which happens always from inside the U.S.

If the IR entered the U.S. without inspection, which would apply to illegal immigrants, then they could not adjust status as they would have no status to adjust FROM. In that case the intending immigrant would need to attend an interview at the U.S. consulate in their home country. The moment they leave the U.S. to attend this interview, they would trigger the 10-year bar. After they have spent 10 years outside the U.S., they can get their immigrant visa and return.
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Serious question about immigration laws?

Postby wynn » Wed Jul 18, 2012 12:16 am

who pays their taxes? the illegal alien parents? I call b.s. they may be filing tax returns so they get all the credits and refunds for having 4 kids, but they are NOT paying in on taxes. also, if the parents were illegal the whole time, they got food stamps, medicaid and other free stuff the entire time they were growing up. it's an entitlement mentality that I hope your friend didn't latch on to.

that said, Brother is right. the kids can petition for them when they turn 21 by going to the USCIS.GOV website to get forms, but if they entered illegally, they will need to go through something called "consular processing".
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Serious question about immigration laws?

Postby hyun-su » Wed Jul 18, 2012 12:23 am

When he is 21 he can petition for them. Because they entered illegally, they cannot get a green card while they are here. They have to return to their home country where they will be given a 10 year ban on returning because of their disregard for our laws. When their 10 year ban is over, there is a chance they will be allowed to return with your friends petition.
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Serious question about immigration laws?

Postby hampton83 » Wed Jul 18, 2012 12:29 am

An illegal cannot adjust status in the US
Marriage and babies will not help either ..that is a myth
To become legal you have to return home
There is a specialty forum one that deals solely with your unique issue. http://immigrate2us.net
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