Many immigration cases consist of children of immigrants requesting their parents’ citizenship. When making a family petition from children to parents, it is necessary to remember that it is not just any procedure. It’s important to know what the process entails and how an immigration lawyer can help you.

Family Petition From Children to Parents

If the citizen child is of legal age (21 years old), it is possible to request a new immigration status for her parents without the need to request a pardon as long as the case meets certain requirements. On the one hand, the first requirement is that the parents must have entered the country legally and have not left the country since then. This obviously means that they can’t have been deported. The second requirement is for the parents to qualify for the 245(i) application, which means that someone filed a family petition for them before 2001 and they have not been deported since. In the event the parents did not enter the country on a visa or are not eligible for the 242(i) application, a family petition must be filed in order for the parents to receive a green card.

Under Order of Deportation

If there is a deportation order against the parents, the family petition of children to parents under deportation order changes. Even if there are removal orders against either parent, if they have not been deported you can still file the petition, but these cases are different. You must first file a motion to clean up the removal. This process is not a simple process, since there are always all kinds of limits, restrictions, and details that will be important throughout the process. At our firm we do not recommend, for example, that someone who was caught crossing the border (especially after 1997) or who was deported not file a family petition case. But in case there was no previous deportation, it is still possible to clear the order itself.

Waiver in Case of Denial

The waiver is a special document that can be filed after your family petition is approved to show that the parents of the citizen child would suffer unusually or exceptionally if they did not receive the green card they are seeking. These cases include severe illnesses that could not be treated elsewhere, imminent danger in the country of origin, persecution directed at the subject, or other similar cases in which the life of the parent in question could be put at risk. In these cases, an immigration attorney would develop a defense case that takes into account the consequences of possible deportation and use it to get the waiver granted.

File Your Family Petition

Neither you nor anyone else deserves to go through an arduous immigration process alone. A good immigration lawyer not only helps you understand the difficult road ahead, but will also make this road much easier for you. Therefore, if you need help with your immigration situation, do not hesitate to contact Paniotto Law, our immigration law firm. Call us or message us to start your process with a free consultation in which we will analyze your case. Once we are clear about what to do, we will do everything possible to move your case forward. Paniotto Law has all the solutions for you.