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bnation_86 Contributor

bnation_86   17

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Filed: Citizen (apr) Country: Ghana
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Hello, I'm trying to help my biological father who is an illegal immigrant get a green card. First of all my Dad has been in this country for almost 16 years and still illegal. I'm a US citizen and I want to help him acquire his green card. I want to know what documents I need to send to USCIS and if approved where will the interview take place is it gonna be the USA or his country of origin. Thanks 

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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9 minutes ago, bnation_86 said:

Hello, I'm trying to help my biological father who is an illegal immigrant get a green card. First of all my Dad has been in this country for almost 16 years and still illegal. I'm a US citizen and I want to help him acquire his green card. I want to know what documents I need to send to USCIS and if approved where will the interview take place is it gonna be the USA or his country of origin. Thanks 

What do you mean by illegal?  Overstayed or snuck in?

YMMV

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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Probably not a DIY case.

 

Just curious if your dad's status came up during your N400 interview?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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bnation_86 Contributor

bnation_86   17

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Just now, Paul & Mary said:

Probably not a DIY case.

 

Just curious if your dad's status came up during your N400 interview?

Oh yes. But his name is on all my documents. He is my biological Dad and I stated his name and his address and all the required information. 

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aleful Veteran

aleful   1,905

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as long as he can prove that he entered legally into the US, with some type of visa, he will be fine.

 

he will be able to go through adjustment of status and get his GC

 

 

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bnation_86 Contributor

bnation_86   17

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3 minutes ago, aleful said:

 

as long as he can prove that he entered legally into the US, with some type of visa, he will be fine.

 

he will be able to go through adjustment of status and get his GC

 

 

Hi, thanks for the response. He entered legally but he has overstayed his visa for more than 15 years now and I want to help him get his GC. I just want to know if his interview will take place here in the United States or he has to go back to Ghana for the interview. And what kind of documents do we have To to USCIS. Thanks 

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aleful Veteran

aleful   1,905

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here, if he leaves the country, he will have a 10 year ban, there is no waiver for parents.

 

overstay is forgiven, as long as he can prove he entered legally with inspection

 

 

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Lil bear Experienced

Lil bear   3,831

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5 minutes ago, bnation_86 said:

Hi, thanks for the response. He entered legally but he has overstayed his visa for more than 15 years now and I want to help him get his GC. I just want to know if his interview will take place here in the United States or he has to go back to Ghana for the interview. And what kind of documents do we have To to USCIS. Thanks 

The process you will be doing with him is Adjustment of status. The process is outlined in the Guides section on the vj site 

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JFH Grand Master

JFH   12,189

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*~*~*moved from “bringing family members of USCs” to “adjustment of status from work/study/tourist visas”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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bnation_86 Contributor

bnation_86   17

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Filed: Citizen (apr) Country: Ghana
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1 hour ago, Lil bear said:

The process you will be doing with him is Adjustment of status. The process is outlined in the Guides section on the vj site 

Thank you 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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46 minutes ago, bnation_86 said:

So what form I'm I supposed to file?

Most of the process is the same as that of a spouse:

 

However:

1) The guide above is outdated - it's missing the I-944. This is a new form required by the I-485.

2) No I-130A is needed for a parent

3) No marriage evidence is needed, obviously. You will need to show that he is your biological parent. Typically a timely filed birth certificate would suffice, but in some situations they may request a DNA test.

4) As implied above, he will need to demonstrate that he last entered the US legally (they do not need to show that he did not...don't rely on them looking up historic entry/exit records).

 

Read all forms and instructions. Those trump anything in the guide above.

 

Edit: Also, be sure to have a plan for healthcare costs. This tends to be a big one for parents with financial sponsorship.

I'm also assuming he has never claimed to be a USC to work or anything like that.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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