Abilene, TX Immigration Law Firms & Lawyers

If your father entered the US on a visa and you are a USC citizen over the age of 21, in theory he could adjust status to permenent resident without departing the US.  There are a serioes of facts that come into play in making the determination to do this, including whether he has any prior record with criminal or immigration authorities. The forms you will need may vary according to the case, but the petition is the I-130 and the adjustment application is I-485.  You will need to look into other forms, such as the affidavit of support.  If you need assistance with the processing of the case, we can assist you.

Situations in which spouses are separated in immigration marriage cases usually raise more questions concerning the bona fides of the marriage. That being said, if your husband comes home to you very frequently, you could both say that his residence is in your state. In such case, you should keep documentary evidence of his trips back to you such as bus and train tickets, toll and gas receipts, credit card charges along the way, etc. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

As long as he is only inadmissible to the US due to his previous overstay and unlawful presence, he should be eligible for his green card when he has stayed outside of the US for the entire 10-year period.