If I’m just a green card holder, is it posible that I can petition my father?

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If I’m just a green card holder, is it posible that I can petition my father?

Asked on June 1, 2012 under Immigration Law, Colorado

Answers:

Meghan Abigail / Abigail Law Firm, PLLC

Answered 9 years ago | Contributor

A legal permanent resident can only petition for spouse and unmarried children, unfortunately. You should become a citizen first. After that, you can petition for him. If he entered the U.S. legally OR has a previous petition from before May 1, 2001, and is otherwise admissible, then he can adjust status here. If he is living outside the country, then he will go through what is called consular processing. But be careful, because if he entered the U.S. without a visa, then he would need to consular process- meaning he would have to leave the country. When he leaves, he will trigger a bar (for three years if he was here unlawfully for more than 6 months and ten yeras if he was here for more than 1 year), which requires a waiver. However, MANY parents do not qualify for the waiver. To qualify for a waiver, you must demonstrate that his nonapproval will cause extreme hardship to a U.S. citizen/ legal permanent resident spouse or parent- hardship to his children does not qualify. I suggest getting a consultation with an experienced attorney before starting the process, in order to ensure that you know what he is facing.

Good luck!

Raymond Lahoud / Baurkot & Baurkot, the Immigration Law & Deportation Defense Firm

Answered 9 years ago | Contributor

Yes, you can, assuming your father meets all of the other qualifications necessary to be a beneficiary of an immigrant visa application.  There is a waiting period, however, for Lawful Permanent Resident Card (Green Card) holders, such as yourself.  It may be better for you to become a United States citizen and then sponsor your father -- this way, there is no waiting period, as he will have an immediate visa number available.  It is important that this process is completed correctly, as the smallest of errors can create the largest of problems.  Many clients just fill out forms and send them in, and then issues arise because of a mistake or two.  Contact our Firm, Baurkot & Baurkot, to further discuss.


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