Is it possible for two illegal immigrants to obtain legal status from their American-born son?

danielg33125

They can, its called a family petition, and it is a very simple process, but I would suggest that you get a lawyer for this. You will be asked to prove that they are your parents, demonstrate birth certificates from the country where they were born, demonstrate that they were married when the son was born, demonstrate that the son is a US citizen (since he was born in the United States he is a naturalized US citizen) and upon commencing the process, within a month they will get a letter where they will start by taking the fingerprints, within 3 months they will be able to get a drivers license, and within about 6-9 months they will be able to become legal residents.

The reason that I ask to look for an immigration lawyer is because there might be other factors, for example you did not mention how the parents came to the United States, whether legally (as tourists that overstayed) or illegally (crossing the border), and that might affect things.

By the way, they must not leave the country for any reason what-so-ever. If they set a foot outside of the United States they will be banned for 10 years. A family member that is a US citizen can petition an undocumented immigrant (parents) that is in the country illegally if they are already in the country.

Terry

Not immediately. If they leave the country and go back home, then their son can apply to sponsor them. He must be able to prove if they are allowed in that he could support them. They will probably get visas after a year or so. At that point, they can return to the US legally, and apply for green cards.

davie j

Its sad to see so many running away from a problem like Mexico! That's right! Mexico is where their more than likely from and their running away from a poor economy and corruption in government and the crime instead of dealing with it! For one how did they get married in this country legally if their not citizens? Laws and abiding by them is what makes a country safe and livable and this country seems to be turning its head from enforcing many of its laws to encourage cheap labor to filter in and it has as you can see ruined the economy in this country and the world! America can't baby sit the world! The world's country's have to come to grips with the truth that they must be self sufficient and stop being corrupt by making one rich and the rest poor! I can't say welcome to America because your doing it illegally when many had to pay much to get here from other country's! So go home and make your country right and then come here the right way!

life is good!

yes and no...you would have to return to your home country first and have your son file a petition for you to come here...you can not become legal if you are already here illegally.

where is everybody?

no and their marriage isn't valid either if they got married in the states. sorry, you could ask a lawyer on their behalf, but i'm thinking no. getting citizenship is very hard, but go and try

rhino

under this new admin iam sure with benefits

Mel

Maybe if you marry him. How can you legally get married if you aren't legal immigrants?? And why didn't you come to this country legally??

loser1051

That's very questionable. What have they been doing for the past 25 years? Contact the Immigration Service.

RAHUL I

1) They need to show that they are legally married according to the laws of the land where they live.

2) Since the son is a US Citizen, 21 years or older, he can sponsor them through USCIS for an immigrant visa. He will be sponsoring his parents. I do not know what is the exact preference, but it is possible.

This now brings up the dilemma:

Do the parents choose to go back to their native country and wait for their US Consulate in the country to call them? Or do they admit now in the USA that they are illegal?

Either way they will risk being barred from entry to the USA, which complicates things. The question is if they have a record of entry and exit from the USA. Since they have no record of entry, they will also need no record of exit. If they have such a record, then they will be listed as illegal and thus barred entry to the USA. This is an ethical and legal question that has to be addressed.

Perhaps it is best left answered to a competent immigration lawyer.

Rahul Laxman Iyer

katie.

I doubt it.

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