Today we're going to discuss how to get green cards
for parents of United States citizen children.
Essentially there's three issues that we're going to be discussing.
One is what are the requirements for the U.S. Citizen child trying to immigrate their parent?
Two, where is the parent living?
And, three, if the parent is living in the United States, how did they enter the United States?
Let's begin.
The first issue is what are the requirements for the child to immigrate a parent?
Well, there's essentially only two.
One, the child must be a United States citizen.
Two, the child must be 21 years or older.
What that means is that a permanent resident child
cannot immigrate their immigrant parent for permanent resident benefits.
However, there's an easy solution.
That child could become a naturalized citizen.
They could apply to become a citizen and when they become a citizen,
then they can apply for their parents to obtain a green card.
The second issue needs to be combined with the third issue
because they really go hand in hand
and that's where is the parent living and
if they're living in the United States, how they entered.
So we're going to explore three situations.
The parent is living in the United States with inspection,
living in the United States without inspection,
and living outside the United States.
First, the parent living in the United States with inspection
means that the parent must have entered with some type of temporary legal visa.
In most cases, it's going to be a tourist visa.
They come here to visit their child and while they're visiting the child,
sometimes the parents have a change of heart
and they say, well, you know, maybe I'd like to live here.
Do you think you can immigrate me?
Let's go talk to a lawyer. Let's see what's possible.
In that situation, the entry was totally legal. The intent of the parent was to visit.
It's transformed and that's the adjustment. They want to become a permanent resident.
However, you have to contrast that with a different situation
where some parents come into the United States
and they talked things over with their child already
and they are coming in with the purpose of becoming a permanent resident,
of filing for permanent residency, of filing an I-130 alien relative petition.
That runs into a question of fraudulent intent at the time of entry.
That could lead to serious problems and permanently bar the parent from ever
becoming a legal resident of the United States.
So sometimes you'll have parents come in and they say,
I want to become a citizen.
I want to become a permanent resident, but I also want to go back home.
That's going to be the situation number three where they're living abroad.
We'll get to that in a second.
So what happens with those parents who have come into the United States
without permission and they want to be immigrated by a child
that was born here in the United States or that naturalized and became a citizen?
Well, the problem there is if the parent has lived here over 180 days,
they're going to run into the immigration bars, the three and ten year bars.
They're going to have to go home through the process that we call consular processing
and attend their interview in their home country.
In most cases, they're going to need to file for a waiver.
An inadmissibility waiver. often called an i-601 waiver.
That waiver is based on a concept of extreme hardship.
Extreme hardship to whom?
Extreme hardship to a qualifying relative.
Well, who counts as a qualifying relative?
A United States citizen or permanent resident spouse or parent of the immigrant seeking permanent residency benefits.
That means the child who has filed the petition to immigrate their parents
does not count as a qualifying relative for purposes of the waiver.
That can raise some serious problems for a simple reason.
If a parent of an immigrant or a spouse of an immigrant had filed,
is filing to be considered a qualifying relative of that person,
then why didn't they file the I-130 for that person on their own?
The odds of someone being a qualifying relative that hasn't previously filed
an I-130 petition for that person is slim.
Therefore it's going, the issue of qualifying relatives may preclude
a lot of families from seeking to immigrate their parents through the consular processing method.
Now, there is a possibility in some cases
that the parent or the spouse of the immigrant seeking green card benefits
will meet the qualification of a qualifying relative.
In some cases, perhaps the parent of the immigrant may have passed away.
Or the spouse of the immigrant may have divorced the immigrant.
They had filed an original petition.
But they never finished the green card process.
And so that immigrant has been left high and dry until their U.S. citizen child
now seeks to immigrate them.
In that case, the earlier petition could possibly help
the immigrant seeking permanent residency benefits
under a concept that lawyers call grandfathering.
There are certain dates involved and
then there's other requirements that will be involved in order
for that immigrant to stay here in the United States
and adjust their status to green card holder.
In those situations, I would almost always recommend
that you discuss your situation with a local immigration attorney
to make sure that everything is okay
and that you won't go to the interview and run into problems.
Now the reason for that is this is an area that's ripe
for fraud by scammers.
I had an individual recently who came to my office,
who had went to his green card interview here in the United States,
who had entered way back when legally with a tourist visa.
But then went home and then came back later,
subsequently, years later, without a tourist visa.
Came in without permission.
They went somewhere for immigration assistance,
the wife and the immigrant spouse,
and they were told that they could adjust status here in the United States
based on the original entry, which was legal.
Well, that's not true.
The person had left the United States on time and not overstayed and, yes, that was legitimate.
However, when he came back, he came back without permission.
So they went to the interview, and at the interview the officer told him, straight out,
you do not qualify to adjust status. We're going to deny this application.
We're going to refer you to immigration court because
you're living in the United States as an undocumented immigrant
without permission to reside here.
In other words, the person who had assisted them had led them down the wrong path,
and either did not know the law or committed outright immigration fraud. 0.
I tend to think it wasn't the former because these individuals were charged the outrageous sum of $14,00
Thus, I think they were duped and the person who led them down the wrong path knew what they were doing.
And this is a problem for a lot of individuals who don't understand
the differences between what qualifies someone to go to an interview here
and what doesn't qualify them. It's an issue that you have to be very careful about.
Well, let's talk about the third situation.
The third situation is the immigrant's living abroad.
For instance, the parent who came in, visited their child and said, I want to become a permanent resident.
Can you help me? And then they return home within the six months period of the visitor visa.
They're clear, or the parent who has never even come into the United States.
That's the classic clean, clear consular processing situation.
In that case, the child will file the I-130 alien relative petition for their parents
and they will process everything through the embassy or the consulate abroad.
Now, two points before I close here. One is the situation if the parent that the child is trying to immigrate
is a step parent or an adoptive parent. There are some additional requirements and
those need to be carefully considered in terms of when the relationship began,
how close was the relationship, and related matters.
The second thing is, and it goes back to the situation of the parent
that's living here without permission.
That is the situation that immigration opponents love to call anchor babies.
But as the brief description that I gave a few minutes ago shows,
there are very few situations where someone is going to come into the United States
just to give birth, wait twenty-one years, then go abroad, go through the consular processing system,
which could take five years, 10 years.
It takes 30 years for them to become a green card holder.
The whole anchor baby argument, and this is an aside,
is falsely made just to scare people away from becoming permanent residents.
Now I do say this, though, be careful if you're in that situation
because as the one individual who paid $14,000,
they end up hoping for a green card and instead they find themselves
on the verge of facing deportation proceedings in immigration court.
With that, I wish you the best of luck.
I wish you and your family all the good luck in the world.
And I hope one day that you not only become a permanent resident -
or that your parents become a permanent resident and
that they go forward to become a full-fledged citizen.
Take care and good luck.
For more infomation >> Chuggington: Koko and the Tunnel (US Dub) - Duration: 10:14. 
For more infomation >> Chuggington: Wilson's Smooth Moves (US Dub) - Duration: 10:14. 
For more infomation >> Ting CUI [Free Program 2019 US, Champs] - Duration: 5:20. 
For more infomation >> Chuggington: Mtambo's Amazing Adventure (US Dub) - Duration: 10:14. 
For more infomation >> Record breaking temperatures cause delays across U.S. airports - Duration: 2:02. 
For more infomation >> Vincent Zhou SP 2019 US CH - Duration: 7:26. 
For more infomation >> Chock & Bates, FD. 2019 US Ntls - Duration: 8:56. 
For more infomation >> Chock & Bates FD 2019 US Nationals - Duration: 8:56. 
Không có nhận xét nào:
Đăng nhận xét