Whittaker, MI Immigration Law Firms & Lawyers

If you are a US citizen over the age of 21, you can file a visa petition for your parents (Form I-130). Your parents may be able to apply for adjustment of status at the same time if they last entered the US with a Visa and did not leave. They should consult with an immigration attorney.

Form I-130 asks for information where the proceedings were held. That would be the location of the immigration court if an immigration judge rendered the order of removal. If your relative was summarily removed at a port of entry without seeing the immigration court, he would put down the location of the port of entry from which he was removed. 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

Since your father is a US Citizen and you are married, your category falls under F3 category which has a visa availability waiting time of about 10 years or 20 years if the beneficiary was born in the Philippines or Mexico (based on October 2013 visa bulletin). This category requires the beneficiary to be maintaining lawful status as of the time he/she applies for adjustment of status (the process to apply for a green card within the United States), unless he/she is covered by Section 245i of the Immigration & Nationality Act. If you do not have 245i benefit, you should not allow your status to expire while waiting for the priority date of your petition to become current.