George West, TX Immigration Law Firms & Lawyers

My first piece of advice is to schedule an initial consult with a competent immigration attorney in your area. These kinds of cases will often depend upon the specific facts of each parents' case. As a general matter, if a person enters the US legally and overstays, a USC child over 21 may be able to sponsor the parent for a green card in side the US. That is because the parent is considered an immediate relative. It is a two step process that can be submitted concurrently. You SHOULD NOT attempt to do this without visiting that competent attorney, who needs to spend an hour with your parents, to review their history. If they are able to move forward, then they are going to be filing the I-130 and I-485 applications.

It could take a very long time. If you are a USA citizen, it might be a year or longer. If you are not a USA citizen, it is likely to be way longer than a year.

There may be relief for him depending on the facts. *Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.