Palm Beach Shores, FL Immigration Law Firms & Lawyers

You may be able to apply for adjustment of status now as long as you are still maintaining legal nonimmigrant status in the country. For the month of September 2013, visa availability is current for spouses and unmarried children of permanent residents under the F-2A category. As long as visa availability exists, I-485 applications for adjustment of status to permanent residence can be submitted to U.S.C.I.S. In the event that you are no longer legal, you would likely have to wait until your wife becomes a US citizen before you would be again eligible for adjustment of status. That is because you would then fall into a more favored category, that of immediate relative, which does not require that you maintain status in order to file an I-485 application.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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.  

Your father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. 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.

No. Once you have a 10 year green card, it's good for life unless you lose it by being convicted of certain crimes or if you remain outside the US for longer than a year without advance permission.