Can a US Citizen Petition an Illegal Parent?
In the United States, immigration laws are complex and often subject to change. One common question that arises is whether a US citizen can petition for an illegal parent to gain legal status. The answer to this question depends on several factors, including the relationship between the US citizen and the illegal parent, as well as the parent’s specific circumstances.
Understanding the Petition Process
A US citizen can file a petition for an alien relative, which is known as Form I-130. This form is used to establish a family relationship and to request that the alien relative be granted legal immigration status. However, the process becomes more complicated when dealing with an illegal parent.
Eligibility Requirements
To petition for an illegal parent, the US citizen must meet certain eligibility requirements. First and foremost, the citizen must be at least 21 years of age. Additionally, the relationship between the citizen and the parent must be one of parent-child. This relationship can be biological, adopted, or step-parent.
Legal Status and Waiver of Grounds of Inadmissibility
Once the petition is approved, the illegal parent may apply for adjustment of status to obtain legal permanent residence (a green card). However, the parent may face grounds of inadmissibility, such as prior immigration violations or criminal convictions. In some cases, the parent may be eligible for a waiver of these grounds, which would allow them to proceed with the adjustment of status application.
Special Considerations for Illegal Entry
If the illegal parent entered the United States without inspection, they may be subject to a 10-year bar from re-entering the country. However, there are exceptions to this bar, such as the extreme hardship waiver. If the US citizen can demonstrate that granting legal status to their parent would result in extreme hardship, the parent may be eligible for this waiver.
Conclusion
In conclusion, a US citizen can petition for an illegal parent, but the process may be more challenging than petitioning for a relative who is legally in the United States. It is essential for the citizen to gather all necessary documentation and consult with an immigration attorney to ensure that the petition is filed correctly and that the parent’s eligibility for legal status is maximized. While the process may be complex, it is possible for an illegal parent to gain legal status through the efforts of a compassionate and committed US citizen.
