QUESTION

How can I get a green card for my parent?

Asked on Feb 02nd, 2011 on Immigration - California
More details to this question:
What documents do I need to show in order to get a green card for my father? Does he have to go back to Mexico during the process? And how long does it usually take?
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3 ANSWERS
Answered on Feb 02nd, 2011 at 2:58 PM
If you are U.S. Citizen you can petition your father. However, to obtain his Green Care he would have to either adjust his status in the U.S. or apply for an immigrant visa outside the U.S. If your father was not admitted and inspected when he last entered the U.S., or is not protected under Section 245(i) he would not be eligible to adjust his status in the U.S. Therefore, he would have to apply for an immigrant visa at the U.S. consulate in Ciudad Juarez. However, if he has been unlawfully present in the US for more than one year and he leaves to go to the interview he will be barred from returning for 10 years.

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Answered on Feb 02nd, 2011 at 1:58 PM
If you are a US Citizen and your parents entered legally that would not be required to go back. The process normally takes about 6 months if adjusting in the U.S.

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Answered on Feb 02nd, 2011 at 1:58 PM
Assuming you are a U.S. citizen and over 21 your father is an immediate relative. Whether he is eligible to apply in the U.S. or not depends on several factors - whether he entered with or without documentation, was he inspected, criminal record if any, has he returned to his home country after accumulating out of status time, was he stopped at the border before successfully entering, etc? I would suggest a consultation to review the facts of his case and discuss the procedures, timing, fees, etc.

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