Palm Coast, FL Immigration Law Firms & Lawyers

For tax purposes, you should talk with a tax professional to determine your options and the correct path for filing. IN terms of immigration, there is no exact requirement as to how you file taxes, as long as you are correctly filing them and paying, etc. You need to be able to explain why you filed, if you don't file jointly which should not be an issue.

An individual who is applying for adjustment of status is allowed to stay in the grace of U.S.C.I.S. Unless the applicant has an underlying valid nonimmigrant status, the individual cannot be said to have a lawful immigration status. If the only thing that was keeping you afloat was the green card application and not a valid non-immigrant status, you would fall under the category of those whose legal status expired by 2012.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.

If your parents are in the US without authorization and have been for over a six months, they will need a waiver.  You first need to petition for them using form I-130 (one for each of them), then, once that is approved and ready for processing, you may apply for the waiver (which requires proving extreme hardship to a US citizen spouse or child).  If the waiver is approved, they would need to travel outside the US to get an immigrant visa in their passports, but they would return as permanent residents.  The process will take at least a year.