How to obtain legal migratory status through a US citizen son or daughter?

US citizen son or daughter parents can struggle to obtain legal migratory status. Many people have an over 21 years old son or daughter who is a US citizen, and struggle to find a way to obtain legal migratory status.

Ways to obtain legal migratory status through an over-21-years US citizen son or daughter.

How to obtain legal migratory status through an over-21-years US citizen son or daughter?

Some parents wait until their sons or daughters reach 21 years old in order to obtain legal migratory status. Later, at the moment of making consultations with immigration attorneys, they find out that is not so easy to obtain legal migratory status, specially those who entered the US unlawfully.

When you enter the US lawfully with a visa, or through the border without documents but in a lawful manner, it’s not so difficult to make an Adjustment of Status. A father or a mother of a US citizen son or daughter can obtain work permission in 6 to 8 months and permanent residence in approximately one year. However, it can get complicated when the person entered the US unlawfully.

The law works in a way that doesn’t allow requesting a waiver if entering the US unlawfully. If an individual is married to a US citizen or legal resident, or if he/she has a parent who is a US citizen or legal resident, he/she can do a Consular Process by filling out an I-601 waiver, leaving the US to attend the appointment in Ciudad Juarez or their home country consulate to ask for pardon for the unlawful presence.

Now, what happens when only your children live in the US and not your spouse? Maybe you entered the US with your couple looking for a better future for your children and family, but none of your family has a legal migratory status. In those situations, there are different ways to obtain legal migratory status.

Why is it so important to obtain legal migratory status without leaving the US?

When an individual has unlawful presence, for example, more than a year living in the US without documents; if he/she leaves the US, he/she will be penalized with a 10 years bar. If he/she does not have a way to ask for pardon in Ciudad Juarez or his/her home country consulate, it could remain outside of the US for more than 10 years, which nobody wants. That’s why it’s recommended to look for a way to obtain legal migratory status while being present in the US.

245-i Law

245-i law is based on counting with a petition filed before April 30th of 2001.

There are ways to obtain legal migratory status through 245-i law if, for example, you are son, daughter, spouse, or ex-spouse of someone who has a petition filed before April 30th of 2001.

If someone presented the petition for his/her parent before April 30th of 2001, not in every case, but in some cases is still eligible.

If you were married to someone who filed a petition for you before April 30th of 2001, and you are no longer married to this person, there are ways to obtain legal migratory status without leaving the US. This can be a way to obtain legal migratory status.

Parole-in-place

Parole-in-place is when you have a son, daughter, or spouse who is or was part of the US army. With this Parole-in-place, some people (same as 245-i law, not every case) will be able to obtain legal migratory status. Through this method, the person must not be under permanent bar, but it should have a clean record with criminal and immigration systems.

A person who has a son, daughter, or spouse who is or was in the US army, has a way to obtain legal migratory status without leaving the US.

VAWA

Another way is through one of the humanitarian visas, VAWA specifically. VAWA gives a father or mother of an over-21-years US citizen son or daughter the way to obtain a migratory status that can take him/her up to the permanent residence.

VAWA law allows getting legal migratory status without leaving the US. When living in the US with an unlawful presence and not having a way to ask for pardon, VAWA offers a way to obtain legal migratory status.

It must be considered that VAWA is not only for those who have a US citizen son or daughter. VAWA, as a humanitarian visa, is about being the victim of some way of mistreatment in a relationship with an over-21-years US citizen son or daughter.

For those who don’t have this kind of problem, VAWA is not the most appropriate method to obtain legal migratory status. Furthermore, those individuals who have had problems, even if these are problems that he/she may not consider mistreatment, or considers as “regular problems with youngsters”.

Mistreatment in the US can contemplate things that an individual coming from another country like Mexico might not consider mistreatment, however, it can be a way of mistreatment in the US. Some examples include:

• A rebellious and abusive son or daughter.
• A son or daughter who insults or makes fun of you, or is always asking for money.
• An already over-age son or daughter who is still living at his/her parents’ and stills asking for money for his personal expenses, which if does not obtain, insults or offends you.
• A son or daughter who constantly screams at you.
• A son or daughter who fell into bad influences because of a couple or friends and is using drugs.
• A son or daughter who returns home in conscience-altered states to disrespect you or have negative behavior.

In this kind of situation, parents can suffer while watching their sons or daughters in bad steps, making bad decisions, and, as good parents, are always trying to speak with them and provide them with advice. Is at this point when problems, screaming, insulting, making fun of, or constant money requests to spend in bad habits may arise.

These are examples. It does not mean that your son or daughter is a bad son or daughter, or that you don’t have nice moments together. But, based on this kind of problem and without harming your son or daughter, you can apply to obtain legal migratory status via VAWA. Your son or daughter doesn’t end up with a bad record, nor will you affect him/her in any way, since it’s a completely confidential process.

In fact, by applying through VAWA to obtain legal migratory status, no one besides you, the officer looking at the case, and your immigration attorney will know about the process. Again, it’s a completely-confidential process that will not harm your son or daughter in any way.

VAWA visa can be the difference between being or not being able to obtain legal migratory status. Is a useful method if you entered the US unlawfully and have over-21 years US citizen sons or daughters, and have not been able to obtain legal migratory status.

Make your consultation by dialing (202) 933-3379. During the first contact, we will evaluate your case completely free.

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