Navigating the immigration system to sponsor a green card for parents who entered the U.S. unlawfully is a complex and challenging process. This guide outlines seven key steps to help you understand and manage this process effectively.
1. Determine Eligibility
Immediate Relative Status
U.S. citizens aged 21 or older can petition for their parents as immediate relatives. This classification is crucial because it offers a higher priority in processing compared to other family-based categories.
Unlawful Entry Implications
Parents who entered the U.S. without inspection fall under the category of unlawful entry, which significantly impacts their eligibility for adjustment of status within the U.S.
2. Explore Section 245(i) of the INA
What is Section 245(i)?
Section 245(i) of the Immigration and Nationality Act (INA) allows certain individuals who entered unlawfully to adjust their status if they meet specific conditions. These include having a qualifying petition or labor certification filed on or before April 30, 2001, and proving physical presence in the U.S. on December 21, 2000.
Meeting 245(i) Requirements
If your parents meet these criteria, they may be eligible to adjust their status without leaving the U.S. It’s essential to gather all necessary documentation to prove eligibility under this provision.
3. File Form I-130
Establishing the Parent-Child Relationship
The first step in the process is for the U.S. citizen child to file Form I-130, Petition for Alien Relative. This form establishes the legal relationship between the parent and the child.
Required Documentation
Include supporting documents such as birth certificates, proof of U.S. citizenship, and evidence of the parent-child relationship.
4. Apply for a Provisional Unlawful Presence Waiver
Understanding Form I-601A
If your parents are not eligible for adjustment of status under Section 245(i), they may need to apply for a provisional unlawful presence waiver (Form I-601A). This waiver forgives the period of unlawful presence that would typically bar them from re-entering the U.S.
Proving Extreme Hardship
To obtain the waiver, you must demonstrate that denying re-entry would cause extreme hardship to a U.S. citizen spouse or parent. Collect evidence of the hardship to strengthen the application.
5. Consular Processing
National Visa Center (NVC) Process
Once Form I-130 is approved, and if the waiver is granted, the case is transferred to the National Visa Center (NVC). The NVC will handle the consular processing, which includes collecting fees, forms, and supporting documents.
Scheduling the Consular Interview
The final step in consular processing is scheduling and attending an interview at a U.S. consulate or embassy abroad. Ensure all required documents are ready and that your parents are prepared for the interview.
6. Attend the Consular Interview
Preparing for the Interview
The consular interview is a critical step. Your parents will need to present all necessary documents, answer questions about their application, and provide any additional information requested by the consular officer.
Possible Outcomes
If the consular officer approves the application, your parents will receive an immigrant visa, allowing them to enter the U.S. as lawful permanent residents. If denied, the officer will provide reasons and possible steps for appeal or reconsideration.
7. Re-entry and Adjustment of Status
Entering the U.S. with an Immigrant Visa
Upon receiving the immigrant visa, your parents can re-enter the U.S. They must pay the USCIS Immigrant Fee to receive their green card.
Receiving the Green Card
After re-entering the U.S., your parents will receive their green card by mail. This document grants them lawful permanent residency status.
Conclusion
Sponsoring a green card for parents who entered the U.S. unlawfully involves multiple steps and thorough preparation. By understanding the eligibility criteria, filing the necessary forms, and navigating the provisional waiver and consular processing, you can increase the chances of a successful outcome. Given the complexities involved, it is advisable to consult with an experienced immigration attorney to guide you through the process.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the seven key steps to sponsor a green card for parents who entered the U.S. unlawfully, including eligibility criteria and the provisional waiver process. If you have any further questions about these steps or other immigration-related queries, feel free to schedule a free consultation by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.