Filing for illegal immigrants

[bnation_86 17]

Just now, Visitor User said:

Does he have his I-94 card when he entered?

He came here as a visitor and he didn't return

[geowrian 22,335]

3 minutes ago, bnation_86 said:

He came here as a visitor and he didn't return

That doesn't answer the question. Does he have his I-94 paper?

[bnation_86 17]

Just now, geowrian said:

That doesn't answer the question. Does he have his I-94 paper?

Yes he does.  

[Illiria 980]

10 hours ago, bnation_86 said:

biological father

Just a clarification but as you stated a few times I want to make sure - were you adopted at any point?

 

If you were adopted then your legal relationship with that biological parent was severed and you can’t sponsor them. 

[bnation_86 17]

8 minutes ago, Illiria said:

Just a clarification but as you stated a few times I want to make sure - were you adopted at any point?

 

If you were adopted then your legal relationship with that biological parent was severed and you can’t sponsor them. 

He is my biological father he migrated before me but I'm now a US citizen and he still doesn't have a GC. I want to help him get a green card 

[Visitor User 236]

2 hours ago, geowrian said:

That doesn't answer the question. Does he have his I-94 paper?

You have to submit that with AOS right? So they know it was an inspected entry?

[geowrian 22,335]

Just now, Visitor User said:

You have to submit that with AOS right? So they know it was an inspected entry?

Yes (if available). There are circumstances where you can AOS without an I-94 (many Canadians that crossed by land did not get one), but the I-94 is typically the strongest evidence of having been inspected.

[Illiria 980]

51 minutes ago, bnation_86 said:

He is my biological father he migrated before me but I'm now a US citizen and he still doesn't have a GC. I want to help him get a green card 

I understand that but most people would say father not biological father unless they were adopted or had a step father and want to differentiate between the adopted/step father and the biological father.

We have had people on here who wanted to help their biological parent get a green card but they were adopted so they couldn’t - no one in the family understood that it would be an issue when the adoption occurred so are very upset when they find out. 

[bnation_86 17]

2 minutes ago, Illiria said:

I understand that but most people would say father not biological father unless they were adopted or had a step father and want to differentiate between the adopted/step father and the biological father.

We have had people on here who wanted to help their biological parent get a green card but they were adopted so they couldn’t - no one in the family understood that it would be an issue when the adoption occurred so are very upset when they find out. 

Thanks, I was confused about the form to file. I thought I was supposed to file i-130

[HRQX 4,145]

43 minutes ago, bnation_86 said:

I thought I was supposed to file i-130

You do file I-130 petition. He doesn't fill out I-130A supplement because that supplement is only for spouses of petitioners.

 

Send in the following plus additional documentation as required:

I-130 is the petition and you sign it.

I-864 is a form you fill out and you sign as his financial sponsor. (If he's currently married to a US Citizen, Green Card holder, or etc. that has 40 quarters or more of SSA credits and he can be credited with at least 40 of those credits as a spouse then I-864 isn't required. Note the appropriate exemption on page 14 of I-485.)

I-485 your father signs it.

I-944 your father signs it.

I-765 your father signs it. This form is optional but highly recommended.

I-131 your father signs it. This form is optional but highly recommended.

Edited May 31, 2020 by HRQX