What can we do for our Dad.

[Michaelbig 0]

My dad entered US with B1 visa in early 90s and overstayed. He then applied for Asylum and got denied and issued deportation in 2000(He stayed). I have an older sister and both of us are USC and full time employee now. I'm wondering if there is anything we can to adjust his status. we will consult with a lawyer, but just wanted to get the basic ideas/process.

Thanks

[aleful 1,905]

hi

nope, there's nothing, he would have to leave the country for 10 years, after 10 years, one of you could file for him

[Michaelbig 0]

hi

nope, there's nothing, he would have to leave the country for 10 years, after 10 years, one of you could file for him

Thanks, so we don't qualify for cancellation of removal?

[Michaelbig 0]

My dad entered US with B1 visa in early 90s and overstayed. He then applied for Asylum and got denied and issued deportation in 2000(He stayed). I have an older sister and both of us are USC and full time employee now. I'm wondering if there is anything we can to adjust his status. we will consult with a lawyer, but just wanted to get the basic ideas/processes.

Thanks

[Hanane S 4]

Many cases don't even need a lawyers ... but this one needs a very qualified lawyer .. not anyone but experienced one to .. first to file with immigration and customs enforcement to deal with the issue of deportation and remove it .. and apply for a work permit since he s been resident in the states for long time and so go on the process ... wish you good luck and so to your parent..

[Jawaree 718]

Yes he needs a very good atty,the fact he has thumb his nose at leaving he

have a frivilous asylum claim (serious matter) and overstayung. Adjusting here

is not realistic, a wife can petition him (but he'd still have to leave) and kids cannot

waiver parents on overstays only on CIMT

Immigration laws are contradictory, consult more than one atty, & dont spend

on attys that does not specializes in the issues he faces. Good luck

[Harpa Timsah 13,258]

You can file adjustment of status for him, and overstay is forgiven for parents of USCs. The issue will be the asylum case and the deportation order. Further, if it was deemed a "frivolous" asylum plea then he will not be able to immigrate at all. I am not sure if you need to do cancellation of removal first or what, but lawyer time. Had he not filed the asylum case it would be easy for him to get legal status now.

[Shiobhan 235]

Frivolous asylum request

not departing as ordered

and overstay will not allow

AOS here, You need an expert

lawyer also children cannot

waiver overstays for parents

they can only waiver CIMT

[agripa 100]

I agree with Jawaree 100%. You need to seek an attorney as soon as possible who specializes in filing I-601 applications. If possible, those that have worked (succesfully) to overcome a deportation. There are very very very high bars to clear. Seek legal advice immediately.

[EM_Vandaveer 2,408]

Children are NOT qualifying relatives for waivers.