I’m a 21-year-old U.S. citizen. Can I sponsor my parents to become permanent residents? They entered the U.S. without a visa and have lived here illegally for over twenty years.

Answer

An adult U.S. citizen can file a GC case for a parent. However, even in this category, in order to adjust status, a person has to show that s/he entered legally. This category is very forgiving of overstays and various other immigration violations, but the entry has to be legal. There may be an option if the parent had qualifying immigration filings submitted long enough ago to qualify for 245(i) (i.e. April 30, 2001 or earlier). Otherwise, waiver options would have to be reviewed. Consult with an attorney before filing anything and bringing attention to the situation. (28.Apr.2014)

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