Upper Nyack, NY Immigration Law Firms & Lawyers

Generally, if a foreign national parent entered the U.S. lawfully and with inspection, his U.S. citizen adult child successfully may petition for him to adjust status to become a Lawful Permanent Resident (to get a "Green Card") regardless of whether he may have worked without authorization and regardless of whether he may have overstayed his initial authorized stay. If the parent entered the U.S. unlawfully and without inspection, however, then a more complex analysis is needed in order to determine eligibility. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Yes, hire an attorney. You still need to file an Affidavit of support and, if he overstayed his visa, a waiver for the overstay. You will also have to provide documentation showing that this is a legitimate marriage and not one for immigration purposes only.

To file for TPS an applicant must meet the statutory requirements, basically residence and physical presence in the U.S. since the declaration of the country as TPS country. Venezuela national must have been in the US since March 9, 2021. Other than that, a marriage in good faith should not raise concerns.