Petitioning for a parent: procedure and considerations

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  • Опубликовано: 23 ноя 2024

Комментарии • 269

  • @emilien.8327
    @emilien.8327 2 года назад +22

    My mom is 85 years old and I still want her to live with me here in the US because she's still alive!

    • @DarianLaw
      @DarianLaw  2 года назад +2

      Wow, so you should file a family petition for her so that she has options in the future!

  • @girlieureta3147
    @girlieureta3147 2 года назад +9

    The best and a crystal clear explanation i ever watched.Thank you🙂

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Thank you! That means a lot to me!

  • @hemabegum-t6u
    @hemabegum-t6u 4 дня назад

    how long do i have wait for interview appointment after becoming documentary qualified email My documentary qualified last year 19july 2023 prority date 23december 2021 F2A from Bangladesh its too frustrating

  • @thestory1850
    @thestory1850 2 года назад +3

    I did apply for my mom to come to the US. Form I 130. I am a US citizen. I got I-797C notice of action. The wording in the nitice made sounds I am not a US citizen. Am I missing something? Is the I-797C standard ducoments sent to all immigrants?. I put my old A numberr in the initial I 130 . Did I mess this up. Please help by giving an answer.

  • @elizabethanjs5656
    @elizabethanjs5656 2 года назад +4

    I have been watching your RUclips Channel and I find your videos very interesting coz you explain thoroughly. I was once upon a time an applicant for Green Card and now a Green Card holder. How I wish you were my lawyer, i was that time confused bec I thought I can just get a lawyer near me. Anyway, I always advised my friends to watch your videos. And you know, Ive noticed also, that you reply to the questions sent to you. May God bless you more ❤️

  • @AkbarSulaman
    @AkbarSulaman 14 дней назад

    Hi, my mother in law filed an I130 petition for her daughter in 2011, which was approved in 2015 and was forwarded to NVC. During the time my mother in law passed away in the year 2018, now we have received a letter of our visa case creation, but now the petitioner has expired. Now, how what should I do.
    Please advise.

  • @abigaelrosario9925
    @abigaelrosario9925 10 месяцев назад

    This is so helpful and very easy to understand. Thank you for your channel. I have a quick question. I have applied for I-130 for my 73 years old mother. But until now, I haven't heard anything at least for my background check. Will it not complicate the status if I apply for a tourist visa for her? Then, once she comes here, I'll apply for a readjustment? Thank you in advance for the assistance!

  • @seanhardeman7967
    @seanhardeman7967 3 месяца назад

    I want to petition for my dad to move here from the uk. He’s been having health issues and I’m his only child. My parents are divorced, what is the process for filing for one divorced parent?

  • @floridalife2800
    @floridalife2800 2 года назад +4

    Hello! You have brilliantly explained the reasonings that I didn't even know. If I may ask, if applying for a green card (with the traveling half a year thear and half a year there in mind)not the best option d/t potential travel barriers in the future, what do you recommend applying for instead for parents? Or is it just a travel visa only then? Thanks again for your time!

    • @DarianLaw
      @DarianLaw  2 года назад

      Yes, exactly. If your parents don't want to live "permanently" in the US, then travelling as a tourist is probably best.

  • @BelindaVlog
    @BelindaVlog Год назад

    What form should i file my parents are her in the us October 22 do i also have to wait 90 days before i can file petition for them my parents wants to stay with me because they are senior citizens already they want to live with me they like America what form should I submit

  • @PreetSingh-zx3xf
    @PreetSingh-zx3xf Год назад +4

    I am a US citizen and appreciate your guidance in this topic. I have one question my mother is my step mom and my dad and step mom married after i turned 18. How can i apply for her as well for green card ?

  • @Inspira7ion
    @Inspira7ion Год назад +1

    Can we still fill out the I 130 that will be processed at the consulate while they are here as tourist !
    My dad is here as tourist and I can’t do adjustment of status because he doesn’t not want be stuck here but also we don’t want to wait two months until he leaves to start the process .

    • @DarianLaw
      @DarianLaw  Год назад +2

      Yes, you can file the I-130 now.

  • @190underground
    @190underground 8 месяцев назад

    My father used to live in the US with a greencard that did not had an expiration date, he lost it back over 20 years ago and left the country with a i-557 stamp in 1996, now he want to come back. What would be the best route

  • @lovelya1571
    @lovelya1571 2 года назад +3

    My parents came to the US illegally year ago, before I was born. I am currently 23 & I would love to help them get residency here in the US. I’ve heard many people don’t get approved how likely is it for them to get approved?

    • @DarianLaw
      @DarianLaw  2 года назад +5

      It depends on whether they entered the US with a visa (with inspection). If they entered legally, then you can probably apply for them immediately with a high chance of success. If they enterend illegally then they might qualify if they can get advance parole, or show that they qualify for INA 245(i) relief.

    • @louisgonzalez6935
      @louisgonzalez6935 Год назад

      How do we know if they entered illegally? I’ve asked my dad. And for as I know. He’s only been to Mexico 4 times since I’ve been born. I’m 30years and he ended going back. But 6 years later. He’s my only parent left because my mom passed away from cancer with I was 21. And I don’t want to lose another chance to say goodbye. He’s in his 60s now and only moved back because my grandmother was dying. No she’s passed, he’s stuck over there. :/
      I believe he has his Mexico citizenship.

  • @abdurrahimsevim2659
    @abdurrahimsevim2659 11 месяцев назад

    Hello petitioned my mom for green card. She got approved and arrived US with "green card" visa. Within a week, her ssn arrived. But its been over a month now, we r still waiting on her green card. How long does it usually take? I paid all the fees when i applied.

  • @mvr10c85
    @mvr10c85 2 месяца назад +1

    What if my parents have been living here and they want to stay here?

    • @ZeenatAliSajid-x3w
      @ZeenatAliSajid-x3w Месяц назад

      ruclips.net/video/c2KY6KlZo48/видео.htmlsi=8Tel6q7zhEd4q1RR

  • @yamvinluan3955
    @yamvinluan3955 2 года назад +2

    Good day atty. I have a minor us citizen child and is living with me here in the philippines..what visa can i apply id i want to bring him in the states..thank u sir..and God bless

  • @satyavathikusupudi5516
    @satyavathikusupudi5516 10 месяцев назад

    Hello,my daughter applied for G.cards for both of us as parents on 19th September 2022.we r in USA still.we r living in VIRGINIA STATE. last month my husbands I130 messages showing continuously four weeks, finally one week.this happened in last week November 2023.16 months completed. When we can expect our cases finished and get GREEN CARDS. Thank you very much in advance for yours reply. Tq

  • @natureloves9440
    @natureloves9440 Год назад

    Hello , one of the questions on the I-130 form is " Provide the address in the United States where the beneficiary
    intends to live. We will be filing the form outside the U.S., so we won't have a U.S address when we first file, but we will hopefully address during the interview stage. My question is- what can we put on the form? As I don't want to leave it blank.
    Thanks

    • @DarianLaw
      @DarianLaw  Год назад +1

      Good question. You can put the city and state, and for the address put "final address unknown until interview" or something like that.

  • @OmegaIvanovic117
    @OmegaIvanovic117 8 месяцев назад

    In your opinion/experience, what’s the best route to petition for a parent here in the USA with an expired visa/tourist

  • @ellenbulanadi1859
    @ellenbulanadi1859 Год назад +1

    My husband and I are staying here on B1B2 visa and we are legally allowed to stay till March 2023. Our son who is a US citizen wants to file an immigrant petition for us. Does he needs to File I-130 and i-485 altogether at the same time? We never had issue on over staying here by the way. What is the chance that this gets approved? Thanks for your reply.

    • @DarianLaw
      @DarianLaw  Год назад

      You should speak with a lawyer because this can be a complicated decision with certain consequences. You CAN file the I-130/I-485 together if your child is a US citizen over age 21.

  • @EDC-REAPER
    @EDC-REAPER 3 месяца назад

    Can I use the I -130 form to make my parent a us citizen if the entered ILLEGALLY ?? Or do you recommend any other process . They are currently in the US and have lived for 30+ years
    •They have proof of income/ and bills for 20+ years
    •No crimes committed
    •I am 21

  • @petronilazepeda7279
    @petronilazepeda7279 Год назад

    I have petition for my sister,since,2001

  • @LVRAM7022
    @LVRAM7022 Год назад

    I’m 17 and i want to learn and prepare for when I am 21 i have a question i heard that if you join the army you can help get your parents papers is that true ??? I am a us citizen ? If so what do I need to join the army

  • @erykaerics8359
    @erykaerics8359 6 месяцев назад

    Hi my both parents have been visiting the USA and I just got my citizenship I want to file green card in their next visit because I feel the process will be quicker if they are in the state but they may want to go back and forth .

    • @erykaerics8359
      @erykaerics8359 6 месяцев назад

      Question
      1.how soon after citizenship can you file for parents who have been visiting the USA for almost 8years and never overstayed.
      2. Can I file for both parents at thier next visit on one application?& if yes is it one or double fee?
      3. If parents have good income from back home will it help my filling cux it will support even thier stay .
      4 do they have to stay after they get their residency? Because they may want to go back and forth .
      Lastly if my income is not taxable but my husband filed jointly with only his income . Will I be able to include mine while filling .
      Please and thank you

  • @bermudasq
    @bermudasq Год назад +2

    Hello. Very helpful video. If the aim is to sponsor the immigration of an elderly parent (95yr old) and the parent definitely will not need to return to the home country, would the 'fastest' approach be to apply for a B-2 visa and then file the I-130 and related documents after the parent arrives? I understand that this approach is a bit more complicated and expensive, but is it the fastest in terms of various processing times?

    • @DarianLaw
      @DarianLaw  Год назад +1

      No. The only time to adjust status on a B2 visa is if they already have a B2 visa and are already in the US when you make the decision to petition for them. If they intend to move to the US permanently then just file an I-130 and do the process at the consulate.

  • @wendyviglianti
    @wendyviglianti Год назад

    Thank you for the information. If im requesting my mom and step dad from outside of the US, they dont have a tourist visa but rather ESTA with their european passport, would they need a visa through consulate to continue the process? and as well, if they have ESTA can they come in to visit while the process is happening? What forms are needed other than the I-130 ? thank you again

  • @judithpineda4236
    @judithpineda4236 11 месяцев назад

    My mom lives overseas she's 62 now she tried to get tourists visa but got denied 😢😢

  • @pg13543
    @pg13543 Год назад

    My mom left the United States 10 years ago whenever my dad passed away, she moved to Europe. She only had a 1-94 and social security number. She never had a us passport or green card. We came into the United States as refugees in 2001. She basically abandoned the United States at the time. My question is, will she be allowed back into the US and what would be the options and steps to bringing her back.
    Thanks,

    • @DarianLaw
      @DarianLaw  Год назад

      She can be allowed back if she has been outside of the US for 10+ years and does not have any other forms of inadmissibility (such as fraud or criminal issues). She probably needs somebody to file a family petition for her first. For example, if she has a US citizen son or daughter over the age of 21 then that son or daughter can file a family petition for your mom.

  • @josemontejano9573
    @josemontejano9573 Год назад

    Quick question we tried the normal way im born here in the us my parents weren’t the only option is me going to the military but my question is can I still fix her if he leaves rn to Mexico am I join the military after can I still fix her while she is over there??

  • @popularvideo5172
    @popularvideo5172 Год назад

    My mom is US citizens and she want to support me to USA and now i am 36years old how many years that she can take me there I am from Cambodia?

  • @stellazappi249
    @stellazappi249 2 года назад +1

    Do I have to live in the US to petition for my
    Father ? Iam US Citizen, but I go to college in another country, so my dad wants me to drop out of college he said i need to be in usa.
    if i keep my residency in the usa , and continue studying abroad , will i be able to apply?
    not living in the usa would bring any problem to the process? , it can be denied?.
    thank you if you can answer!.

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Yes, you need to be residing in the US. You might be able to go to college abroad if you maintain a permanent address in the US, but if you fully live abroad then you can't fill out the affidavit of support until you can show that you are living in the US.

    • @stellazappi249
      @stellazappi249 2 года назад

      @@DarianLaw if a US citizen sponsors for him , and I keep my home address in the US, would it be possible to apply? And How long do I need to be in the US?
      sorry for so many questions, it's been very difficult to find on this specific subject 🙂

  • @hannahborjal4297
    @hannahborjal4297 2 года назад +1

    Hi, can i petition my mom even if i am not working at all, im a housewife and taking csre of our 4 years old son, and my husband only who is working. Can i still file I-130? Waiting for your reply! Thank you sir!

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Yes, absolutely. You can use a joint financial sponsor (such as your husband).

  • @justlove9514
    @justlove9514 Год назад

    If my parents live in another country, what form should file to get their green cards?

  • @EmGee1227
    @EmGee1227 Год назад

    Thank you for this clear information. Must I be living in the US to sponsor my parents green card? I am a US citizen, but I don't live in the US.

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, you need to live in the US. You don't need to live in the US for the first part of the process, but you will eventually need to prove that you are domiciled in the US before they can finish the process. The affidavit of support requires proving that you are domiciled in the US.

  • @kevinanthonysuycano954
    @kevinanthonysuycano954 Год назад

    Hello i am a green card holder, can I petition my parents outside the country to come to USA? Or do I have to be a US citizen first?

  • @gianfrancodemarzo7581
    @gianfrancodemarzo7581 Год назад

    Hello! Thanks for your video. So let´s say they are in a foreign country and we submit the petition. While the petition is being evaluated, are they allowed to come in and out of the country (US)? It wouldn´t be with a visa but with an Italian passport that allows them to be in the US for 3 straight months.

    • @DarianLaw
      @DarianLaw  Год назад +1

      They can probably continue to travel on their Italian passport with ESTA but when they arrive at the airport CBP might ask them about the petition and question their intent to verify that they are truly visiting for tourism, and that the purpose of their visit is not to permanently live in the US.

  • @annieaguon749
    @annieaguon749 2 года назад +1

    Good day sir, do you have an office in Seattle Washington?

    • @DarianLaw
      @DarianLaw  2 года назад +1

      No, but I handle cases in Washington and throughout the US. Immigration is federal law, so I can practice nationwide and the majority of my clients are not local. Consultations can be via video or telephone, and afterwards I will email (or mail) the forms for your signature. My physical office is in New York.

  • @noah101010read
    @noah101010read Год назад

    Hello, so grateful that i found your chanel I have question for my daughther start petition for me. Please advice me

  • @elionfranzsibayan6772
    @elionfranzsibayan6772 Год назад

    Good day sir..can i ask ? ..in applying immigrant is it adviceable to have attorney to arrange the papers

  • @demarlightbody9056
    @demarlightbody9056 Год назад

    Great video, so I have a question I heard my wife(us citizen) can file for my mom who live in another country I just recently got my green card and know I have to wait for 2 years until I become a citizen but I heard my wife can do it is it really possible?

  • @Trh_859_-_-_tt
    @Trh_859_-_-_tt 9 месяцев назад

    What's the requirements for them?
    Should they be fluent in speaking english? Or any other requirements?

  • @ferny1944
    @ferny1944 3 месяца назад

    Hello I’m a 100% disabled veteran over 21 years old, can I petition for my biological mother if she is in the US illegally and entered illegally.

  • @ariadnaruiz5354
    @ariadnaruiz5354 2 года назад +1

    Hello! My parents have been in the United States for over 15years now without leaving the country, no criminal history or anything whatsoever. I just recently turned 21 and was wondering if there’s anyway i could apply for some type of citizenship or visa for them just to secure their stay here. they don’t plan on leaving the country they just want to be able to stay in the US without any problems. One thing is that they came into the United States illegally. Does that change this drastically? I appreciate your help!

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Yes, unfortunately I see this situation on a daily basis, and the determining factor is whether they initially legally entered the US. They can't fix their status through a family petition unless they can somehow cure their illegal entry.

  • @GigiLau
    @GigiLau Год назад

    Hi! My parents got their tourist visa denied. ☹️
    I want to petition them since I am a US citizen. My question is, how does this denied tourist visa affect the petition with the I-130? Thank you so much in advance.

    • @DarianLaw
      @DarianLaw  Год назад +1

      Denied tourist visas are common. The most common reason (even though the consulate will often not provide any reason) is because you failed to demonstrate your intention to return to your home country after visiting the US. A denied tourist visa generally shouldn't affect the I-130 process so long as there was no fraud determination.

  • @llewellyn56
    @llewellyn56 Год назад +1

    Did my own papers. Lawyer way to expensive. I’m good.

    • @masudibuzurg6493
      @masudibuzurg6493 Год назад

      Come on help me out how did u did it?
      I am a U.S. citizen and my mom is here with me at the moment and I would like to apply green card for her what should I do what form do I need to fill out?

    • @DarianLaw
      @DarianLaw  Год назад +1

      Good job! It's doable if you have enough time to figure it out. My aunt did her own immigration paperwork, but it was much easier back then.

  • @blancagonzalez3117
    @blancagonzalez3117 Год назад

    Mi hija ciudadana me esta solicitando green card. Estoy en mexico. Pero viví ilegalmente en Usa Mi reposo fue deportado por drugs me afecta en mi caso?

    • @DarianLaw
      @DarianLaw  Год назад +1

      Si vivió ilegalmente en los EE. UU. en los últimos 10 años, entonces sí, afecta su caso. Debe esperar 10 años o solicitar un perdon. Su caso puede ser denegado si es cónyuge de un narcotraficante y ha recibido beneficios económicos de su cónyuge en los últimos 5 años.

  • @aghileschenoune3356
    @aghileschenoune3356 Год назад

    Thank you for everything you have done for us, explaining clearly some information.
    I have a question, please.
    I applied online for my mother in August 2022 from i-130 by itself.
    And I heard that I need to submit the i-485 form also . Can I do it right now after 8 months?
    Thank you

    • @DarianLaw
      @DarianLaw  Год назад

      Maybe. The answer most likely depends on whether (1) you are a US citizen over the age of 21, and (2) your mom entered the US legally (with a visa or was paroled).

  • @robbie2kmuziqa
    @robbie2kmuziqa Год назад

    How do bring you biological mother , but you grew up being told you mother is your grandmother , and when you grow up you go back to you country and find out you real mother ? How does that work ?

    • @DarianLaw
      @DarianLaw  Год назад

      You can prove who your real mother is by using your birth certificate. It should list your biological mother (hopefully).

  • @ESGist
    @ESGist 10 месяцев назад

    Hey my mom has been a resident here in the us with her green card 30+ years I want to make her a permanent citizen any advice first time looking into this thanks for the video

  • @torogiinusa7165
    @torogiinusa7165 2 года назад +1

    Hi there I do love your videos and explanations.
    As of now I am still waiting for the approval for my I 130 for my mother. And last status checked for my petition they have already reviewed her papers.My question is can my mother have a tourist visa while waiting for her I 130 petition approval? Thanks

    • @DarianLaw
      @DarianLaw  2 года назад

      She can have a tourist visa, but it might be difficult for her to get one (depending on which country she's from). She would also need to convince the consular officer that her intent is just to visit, even though she eventually would like to migrate to the US.

  • @meroko27
    @meroko27 Год назад

    Hello! I have a quick question, if my parents are getting ready to fill out the applications I-130 and |-485, would they need to fill out one each?

    • @DarianLaw
      @DarianLaw  Год назад

      It really depends on the situation. Check out this video where I try to answer your question: ruclips.net/video/1nyTGmNPi_M/видео.html

  • @MyLondonLife
    @MyLondonLife 2 года назад

    Hi i have a question.. I am UK Citizen with my 4 kids my Husband's brother is US citizen.. If he apply petition for my Husband.. How long it will take is UK passports will make duration a bit shorter or how long this process takes?? Waiting for your answer

    • @DarianLaw
      @DarianLaw  2 года назад

      14 years. Sibling petitions are not faster for UK citizens, unfortunately.

  • @antonyquezada6894
    @antonyquezada6894 5 месяцев назад

    If I get a ltc will that lower the chances of my parents getting a green card?

  • @John-ey6si
    @John-ey6si 2 года назад

    I am a US citizen, im planning to petition my father and his wife(my stepmom). They’ve been together when i was 11yrs.old, i am 27yrs.old now. They just got married last year because they wait for the annulment of my dad and mom. Is that possible to petition my stepmom?

    • @DarianLaw
      @DarianLaw  2 года назад

      No, you can't petition for your stepmom unless the marriage to your dad was before your 18th birthday. For immigration purposes she is not considered your parent for a family petition. However, after your father becomes a permanent resident there are circumstances under which he can petition for his wife (your stepmom).

  • @kikihernandez3599
    @kikihernandez3599 Год назад

    Hello there ! I’m 23 years old my mom has been out of the country for years now, I’m trying to apply for a visa for her to come back but just visiting, just coming for months leaving and coming back. What forms should I be filling out ?

    • @DarianLaw
      @DarianLaw  Год назад

      DS-160. Your mom needs to fill out an application for a tourist visa using this website: ceac.state.gov/genniv/

  • @sarathicooks4801
    @sarathicooks4801 2 года назад +1

    Hello sir iam citizen of USA.Apllied green card for my parents on May 2021 and received confirmation receipt on June 2021 SAYING NEBRASKA IS MY PROCESSING CENTER. Gave biometric on August 20th 2021. from then waiting to hear from USCIS NEBRASKA SERVICE CENTER. WHEN CAN I EXPECT MY PARENTS GREEN CARD APPROVAL

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Are your parents currently in the US?

    • @sarathicooks4801
      @sarathicooks4801 2 года назад +1

      ​​@@DarianLaw yes sir they are still in US waiting for green card as well as I130

    • @DarianLaw
      @DarianLaw  2 года назад

      @@sarathicooks4801 Processing times depend on the city in which your green card application is being processed. Go to egov.uscis.gov/processing-times/ and search for I-485 in the city that is processing your application.

  • @RimpalSuthar
    @RimpalSuthar Год назад

    I'm a US citizen, above age 21, and would like to apply for my parents' petition. Do I need to file form i-130 for my father and mother separately?

  • @fatoumatasidibe8907
    @fatoumatasidibe8907 Год назад

    Thank you for your video, very informative. My mother just arrived from Africa 2 weeks ago, is it safe to apply now for an adjustment of status or wait couples months?

    • @DarianLaw
      @DarianLaw  Год назад

      I assume your mother entered as a tourist. Somebody who enters on a tourist visa must have tourist intent - not the intent of somebody who wants to permanently reside in the US. USCIS will sometimes apply an unofficial policy of determining intent by looking to see how quickly somebody applies for adjustment of status after entering the US as a tourist. Applying within the first 90 days can sometimes be viewed as a red flag. I suggest scheduling a consultation with me or another immigration lawyer to create a plan for your mother.

  • @surademsardio8285
    @surademsardio8285 Год назад

    Thank you for answering everyone questions! Wow you are very active in your channel! ❤ i do have a question is it faster if I applied for my mother first and when she gets her citizenship she can apply for my siblings, is that faster than petitions for my siblings and I hold the citizenship . I just don’t like the idea if petition for my siblings it will take 13 years!

    • @DarianLaw
      @DarianLaw  Год назад +1

      Yes, it is faster to petition for your mother so that she can petition for your siblings. But I think you should ALSO petition for those siblings, because if your mother dies then the petition dies with her.

    • @surademsardio8285
      @surademsardio8285 Год назад

      @@DarianLaw thank you very much for responding 🥰… if my mother got the creen card can she apply for my brother to come to the states or she needs to become a US citizenship first and apply for him? He is 35 years old not married…

  • @dinorasandoval9196
    @dinorasandoval9196 2 года назад +1

    Hello, I am a 24 year old U.S citizen who is hoping to petition for her two immigrant parents who came here illegally. They have never been deported, haven’t been going in and out, and I meet the income requirement. They came here 25+ years ago. Is there hope?

    • @DarianLaw
      @DarianLaw  2 года назад +2

      Great question. The answer is: maybe, but unlikely unless they qualify for one of the exceptions below. The problem is that they will eventually need an unlawful presence waiver to cure their unlawful presence, but somebody can only get approved for a waiver if s/he has a spouse or parent (who is a citizen or permanent resident) who will suffer extreme hardship. So each of your parents needs a spouse or parent who has immigration status, at the very least. I am assuming that neither parent has a spouse or parent with a green card or citizenship.
      There are two notable exceptions to this analysis. (1) If an employer or family member filed a petition on behalf of your parents before 2002, then your parents may qualify for INA 245(i) relief, which would allow them to become permanent residents without a waiver. (2) If your parents have TPS then they might be able to apply for advanced parole to leave and legally re-enter the US (and thereby cure their illegal entry, rendering them eligible for adjustment of status in the US).

    • @zogloid
      @zogloid Год назад

      @@DarianLaw Similar to the question above. If the child is serving in the military, isn’t there a way to help the parents that’s undocumented ?

    • @DarianLaw
      @DarianLaw  Год назад +1

      @@zogloid Yes! It's called military parole-in-place. If the child is in the military we can usually fix the parent's illegal entry. I'm posting a video about this topic in an hour.

    • @DarianLaw
      @DarianLaw  Год назад +1

      @@zogloid ruclips.net/video/TF96jpgZp1U/видео.html

    • @zogloid
      @zogloid Год назад

      @@DarianLaw Sorry I didn’t know there’s a difference between illegal entry and over staying until visa ran out. To me they are all undocumented. So back to my previous question, the parents entered the US legally but didn’t leave when there Visa expired.

  • @FaaqidMediaOnline
    @FaaqidMediaOnline 2 года назад +1

    Thanks Lawyer darian pouyan for your amazing videos I really appreciate you that, iam US citizen my question is can I petition my mother and her 15yrs old daughter(half sister)?

    • @DarianLaw
      @DarianLaw  2 года назад

      If you are 21, then you can 100% petition for your mom and it's an immediate petition. If you are 21, then you can also petition for your sister but you need to prove that you have 1 parent in common - half sister is okay. The petition for your sister is a different petition and different process. The petition for your sister takes 14 years, so it's often a little faster for your mom to petition for her daughter after your mom becomes a permanent resident.

  • @milenaorjuela5091
    @milenaorjuela5091 4 месяца назад

    what if just wanna make my parents citizens but they still wanna live in their country for another couple of years?

  • @danielepassos4685
    @danielepassos4685 Год назад

    Petition of the brother and sister category for a citizen of Brazil also takes 14 years?

  • @Asmrpurplelady
    @Asmrpurplelady Год назад

    Iam a US citizen and want to apply for a green card for my mom and Dad, who are living abroad but occasionally visit the US. What forms would I need to file? Thanks in advance.

    • @DarianLaw
      @DarianLaw  Год назад

      The form you need to file to begin the process is Form I-130 (for each parent). However filing this may make it more difficult for them to travel on a tourist visa. I strongly suggest consulting with me (or another immigration attorney) before filing the forms to explore other possible options.

  • @blujah8428
    @blujah8428 2 года назад +1

    Hi.. my dad is married with kids can he add his wife and kids on the filing?

    • @DarianLaw
      @DarianLaw  2 года назад +1

      No, you can't add spouse or children to that category of I-130 filing. Great question though. This is explained on the I-130 instructions (page 1, Note 4: www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf)

  • @manojshah-
    @manojshah- 2 года назад +1

    Thanks for the crystal clear VDO. We are Indian citizens and at present we are in the USA from 18th November 2021 on B1-B2 VISITORS VISA. Our Son has filed for our Green Card in the last week of February 2022. He is a US citizen. We have just received working authorization as well as Social security numbers. Also received I 693 medical deficiency letter on the 21st of this month. We are advised to submit our Medical only after we receive an interview call or interview waiver message.
    Please advise us
    when we can expect our Green Card in our hands.
    Also we have applied for advance parole. We are India citizens and it's absolutely necessary for us to return to India for some reasons. Is it safe to travel to India on Advance Parole?

    • @DarianLaw
      @DarianLaw  2 года назад

      Advanced parole always carries some risk, but yes, it's generally safe to re-enter the US using advanced parole right now. The total green card processing time varies by city but is less than 1 year in most of the US at the moment. Do not submit the medical exam until you receive a specific request for evidence OR an interview notice.

    • @manojshah-
      @manojshah- 2 года назад +1

      @@DarianLaw
      Thanks for quick and perfect guidance. We are residing in MCKINNEY, TEXAS

  • @daneilsalgado4495
    @daneilsalgado4495 Год назад

    Hello I need help applying for visa for my grandparents to come to US will need help so can have appointment and come soon

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, please either call (914) 885-3961 to schedule a consultation, or book it directly through my website: www.darianlaw.com/schedule-a-consultation

  • @SusyMaldonado
    @SusyMaldonado 2 года назад +1

    Just to confirm…are you a licensed immigration attorney

    • @DarianLaw
      @DarianLaw  2 года назад +3

      Yes, you can look me up here on the New York state attorney directory: iapps.courts.state.ny.us/attorneyservices/search?1

  • @tarik_uz_zaman
    @tarik_uz_zaman Год назад

    Do I need to submit 2 separate i-130 applications/application fees for my father and mother?

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, a separate petition must be filed for each immigrant beneficiary.

  • @noah101010read
    @noah101010read Год назад

    My daughter is 21 and still in university who will graduate next may, working part time.
    She just lost her Dad so she would like me and her sibling to be together there in US. She has sibling 24, 16 and 12 yo.
    She wants me to attend her graduation on May.
    What is the best way to apply now or after she graduated?
    But i dont want to leave my under age children for more then a month.
    Please give me advice for the easiest and cheapest way. Thank you so much.

    • @DarianLaw
      @DarianLaw  Год назад

      I'm sorry - I don't understand. Is your daughter in the US? Where are you? What is your immigration status? What is your daughter's immigration status? Do you have tourist visas?

  • @acpulma
    @acpulma Год назад

    If i petition my parents to come here in the US while they are in their home country, will they still be able to come visit using their tourist visas while the petition is ongoing?

    • @DarianLaw
      @DarianLaw  Год назад

      yes, but they can be denied re-entry if they are not able to show that their tourist intent

  • @MaryFredette
    @MaryFredette Год назад

    Can a resident apply for a parent?

  • @nansiavila8116
    @nansiavila8116 Год назад

    Am a us citizen I want to petition for my parents they have a work permit for almost 10 years is there any possibility for a green card or a permit for my dad to go visit his 97 year old mom?

    • @DarianLaw
      @DarianLaw  Год назад

      Maybe. The answer to this most likely depends on how your parents entered the US. You should schedule a consultation so that we can do a complete analysis.

  • @sundasabid1497
    @sundasabid1497 Год назад

    Hi how long wud that whole process takes these days as i hve heard that time period for parents adjustment of status has been faster than before.
    2. How long it wud take after biometric to get ead or advance parole?

    • @DarianLaw
      @DarianLaw  Год назад

      I don't know the exact timeline because everybody is experiencing different processing times at the moment, but GENERALLY 8-20 months. EAD should come pretty fast (1-3 months), and AP will probably take around 14 months.

  • @sairashockley779
    @sairashockley779 11 месяцев назад

    hi, good day, How much do you charge?

  • @yelii13
    @yelii13 Год назад

    I was looking for this information, thank you. I would like to apply online for my mom's green card. I am over 21 and us citizen. She entered legally with a visa, no criminal record. I know I have to file I-130 and I-485 plus her medial exam. Is there anything else I have to do? I would really appreciate your advice.

    • @DarianLaw
      @DarianLaw  Год назад

      You probably need to file the I-130, I-485, I-765, I-131, and I-864. I have a few videos on doing this process. If you fill out the paperwork and need assistance with some of the questions then please feel free to schedule a consultation so that we can review everything. I recommend uploading the completed files to your client portal (with my office) before the consultation so that I can access everything. I am also available to prepare everything on your behalf.

  • @kafuiadzoyi-atidoh9905
    @kafuiadzoyi-atidoh9905 Год назад

    Hello, can I file for adopted parents. My biological parents passed and I had two family members who took care of me. Can I petition for them as my parents while I am a naturalized USA citizen.

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, it is possible to petition for an adoptive parent if you can show evidence of an adoption decree/order showing that the adoption took place before you reached the age of 16.

    • @kafuiadzoyi-atidoh9905
      @kafuiadzoyi-atidoh9905 Год назад

      @@DarianLaw Coming from a developing country where families took care of orphans without legal documentation, I do not have those legal documents. Can you file my case for me and can you do this without the legal documents. Thank you.

  • @HaniaDraidi
    @HaniaDraidi Год назад

    hello sir i have. a question . i already submit form i130 yesterday and now i am applying for i485 do i need to submit any documents with i-485 ?

  • @anuhariharanhariharan8839
    @anuhariharanhariharan8839 Год назад

    Informative video. How long will it take for getting the family green card for parents if I apply now? We are going to apply I 130 and F 485 together.

    • @DarianLaw
      @DarianLaw  Год назад

      It depends on your city. Where are you located?

    • @anuhariharanhariharan8839
      @anuhariharanhariharan8839 Год назад +1

      @@DarianLaw so nice if you for the reply. We are located at Sunnyvale California

    • @anuhariharanhariharan8839
      @anuhariharanhariharan8839 Год назад

      @@DarianLaw it should be read as so nice of you Sir. Thank you and sorry

    • @DarianLaw
      @DarianLaw  Год назад

      @@anuhariharanhariharan8839 Your adjustment of status case will probably be decided at the San Jose field office in Santa Clara, and the APPROXIMATE processing time is 16 months for most cases at that office. Good luck!

    • @anuhariharanhariharan8839
      @anuhariharanhariharan8839 Год назад

      @@DarianLaw Thank you so much.

  • @lasvegassmoke4866
    @lasvegassmoke4866 Год назад

    us citizen, wang to bring my mom from mexico to USA. she dosent have a tourist visa. all i need is form i-130?

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, to start the process that's the only form you need to file.

  • @sekharkvas3921
    @sekharkvas3921 2 года назад +1

    I am a US Citizen studying outside US, my parents are in US on a work visa. Will I be able to apply for their GC by adjusting their status ?

    • @DarianLaw
      @DarianLaw  2 года назад +1

      Yes, but you need to maintain a US residence for the affidavit of support

    • @ZeenatAliSajid-x3w
      @ZeenatAliSajid-x3w Месяц назад

      ruclips.net/video/c2KY6KlZo48/видео.htmlsi=8Tel6q7zhEd4q1RR

  • @abrahamdebasu2751
    @abrahamdebasu2751 8 месяцев назад +1

    Hi sir, I have a quick question:
    I started a process (DS-160) to invite my dad on my graduation, and I want to start filling the I-130 form when he come to the U.S.
    Is it possible to begin the I-130 while he come to the U.S. on tourist visa?

  • @zulchowdhury1521
    @zulchowdhury1521 Год назад

    Thanks for Very informative helpful vedeos.I got a us born 26 years old son currently a student & a part timer.Can he applys for his parents green card over some near relative will provide the total sponsorshi also the avedeevid ?

    • @DarianLaw
      @DarianLaw  Год назад

      If your adult son is a US citizen, then he can petition for his parents. A relative can be a joint sponsor on the affidavit of support as long as their income is high enough.

  • @abdslil1054
    @abdslil1054 8 месяцев назад

    Really great video,

  • @greciaekonomo
    @greciaekonomo Год назад

    Hi and thanks so much for the informative video. My mother is in the us after overstaying tourist visa that is now expired for several years. Should I file the I-130 application , green card application , and work permit application all together?
    Thank you

    • @DarianLaw
      @DarianLaw  Год назад +1

      My answer is probably "yes" but it depends on a lot of factors. You should really consult with an immigration lawyer before you file anything, even if you plan to do it yourself.

    • @greciaekonomo
      @greciaekonomo Год назад

      Thank you!

  • @aleks1935
    @aleks1935 2 года назад

    Hi, i have a question. I am petitioning for my mother. I lost my father last year so it’s only my mother. When is asked for my mother marriages should i add the one with my father as it is in the past or not? My mother has been married only once, and that is with my father. Also about name change should i add her last name also before marriage? Does that count as a name change?

    • @DarianLaw
      @DarianLaw  2 года назад

      I'm sorry to hear about the loss of your father. Yes, you should list your father as prior marriages ONLY IF your parents were legally married (with a marriage certificate). The marriage ended through dead of a spouse, and the "termination" date of the marriage is the date of your father's death. Name changes can be complicated and depend on the country/state. If the marriage certificate legally changed her name, then use her legal name. Some jurisdictions allow the surviving spouse to continue to use their married name after a spouse dies. Sometimes I will just use the "birth name" and will list married names as "other names" so that there is less confusion.

  • @SusyMaldonado
    @SusyMaldonado 2 года назад +1

    If a mom enters the US illegally, and lived in the US…what forms would the US Citizen daughter have to file with the I-130 petition form?🤔

    • @DarianLaw
      @DarianLaw  2 года назад +2

      None, unless we can show that your mom is eligible for permanent residence. We need to show that she was inspected/admitted to the US (or was paroled) or that she qualifies for an exception (under section 245(i)). Please note that the I-130 will not confer any immigration benefit. It will only show that she has a qualifying family relationship as a prerequisite to applying for permanent residence.

    • @SusyMaldonado
      @SusyMaldonado 2 года назад +1

      @@DarianLaw thank you!!! If she qualifies for an exception (245) would I have to put that in the I-130 form?
      Also, in the I-130 form what if the mom doesn’t have a I-94 to upload to the I-130 form🤔

    • @DarianLaw
      @DarianLaw  2 года назад +2

      @@SusyMaldonado You can leave the I-94 section blank on the I-130. If she qualifies for section 245 then you would indicate that on the green card application (Form I-485). You need to confirm that she's eligible before you file Form I-485 (the permanent residence application).

    • @SusyMaldonado
      @SusyMaldonado 2 года назад +1

      @@DarianLaw Immigrants who did not enter the United States lawfully generally cannot apply for an adjustment of status, but what if they are an immediate family and a visa is available…can they still apply to I-485 and get approved/succeed?

    • @DarianLaw
      @DarianLaw  2 года назад +1

      @@SusyMaldonado No, you generally need the immediate family petition AND proof of legal entry. Sometimes you can cure the illegal entry with advanced parole (advanced permission to leave and legally re-enter the US).

  • @SusyMaldonado
    @SusyMaldonado 2 года назад

    Hello, is there a way that people can look up at previous denied applications? Like What’s the best way to find out the exact year another person tried to sponsor an immigrant🤔

    • @DarianLaw
      @DarianLaw  2 года назад

      Yeah, the best way is with a records/FOIA request, using USCIS Form G-639 or this link: www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

  • @latha-di4wc
    @latha-di4wc Год назад

    Hello sir. My son is a US citizen and i visited him twice with b2 visa twice and returned back. My husband is going for his tourist visa next month. We dont want to stay in US permanently and get green card since we have old age parents at home. Will the officers approve my husbands tourist visa

    • @DarianLaw
      @DarianLaw  Год назад +1

      This is a difficult question to answer because tourist visas can be denied for almost any reason. The most common reason for visa denials is because you cannot prove that you only intend to visit the US. Your husband has a higher chance of approval since his wife (you) already has a tourist visa and never overstayed. Your husband needs to bring a lot of evidence of his intent to leave the US after a visit when he attends his consular interview.

    • @latha-di4wc
      @latha-di4wc Год назад

      @@DarianLaw Thank you so much sir

    • @latha-di4wc
      @latha-di4wc Год назад

      Sir my husband visa got approved today. Thank you for your guidance 🙏

  • @Googlename699
    @Googlename699 Год назад

    Good morning
    My dad and I are Green Card holders. I want to bring his wife (my step mother) to the US. Can we do that? Which application we apply?

    • @DarianLaw
      @DarianLaw  Год назад

      Your dad can petition for his spouse. The process begins with Form I-130.

    • @Googlename699
      @Googlename699 Год назад

      @@DarianLaw
      Thank you for your reply.
      Does he apply this form to the embassy or to the USCIS office inside the US?
      Thanks

    • @ZeenatAliSajid-x3w
      @ZeenatAliSajid-x3w Месяц назад

      ruclips.net/video/c2KY6KlZo48/видео.htmlsi=8Tel6q7zhEd4q1RR

  • @KidsforJesustoday
    @KidsforJesustoday 2 года назад +1

    I’m a adopted child And I’m a citizen can I bring the my adopted mom to USA ?

    • @DarianLaw
      @DarianLaw  2 года назад +1

      You can petition for your adoptive parent IF (1) the adoption took place before your 16th birthday, and (2) if you were in the legal custody and lived with your adoptive parent for at least 2 years before filing the petition.

    • @KidsforJesustoday
      @KidsforJesustoday 2 года назад +1

      @@DarianLaw thank you so much

  • @roshanaslam3104
    @roshanaslam3104 Год назад

    Right now me and my wife both are here in the US with my son who is a US citizen. My query is that what documents are needed to file our green card petition. I am 75 years old and my wife is 69 years old. My son is 47 years old. Should we go for a DNA TEST to prove that he is our son?

    • @DarianLaw
      @DarianLaw  Год назад

      A DNA test is rarely required to prove paternity. Are you listed on your son's birth certificate? I made several videos about the document requirements, however for personalized questions like this I recommend scheduling a consultation so that we can create a detailed list of required documents.

  • @caribbeandiva2547
    @caribbeandiva2547 2 года назад +1

    I am us citizen over 21 can I file for my mom who lives in the us? Can I also file for my siblings they also live here as well. They are over the age of 21.

    • @DarianLaw
      @DarianLaw  2 года назад +3

      Yes, I handle cases like this all the time. The biggest barrier that I see is when the parent entered the US without inspection (illegally through the border).

    • @caribbeandiva2547
      @caribbeandiva2547 2 года назад +1

      thanks for your reply my family came here legally but overstayed. Where are you located?

    • @DarianLaw
      @DarianLaw  2 года назад +3

      @@caribbeandiva2547 Wonderful! My office is in New York, but I handle these cases nationwide.

    • @caribbeandiva2547
      @caribbeandiva2547 2 года назад

      thanks so much.

  • @virajonwheelbordchouhan5126
    @virajonwheelbordchouhan5126 2 года назад +1

    Hi my son born in new york but we leave in us last 10 year ago we live in indua now he is 13 they told me go back country mom they cannot constraint the study can i apply green card any option

    • @DarianLaw
      @DarianLaw  2 года назад

      No, you have to wait until your son is 21. Only a 21+ year old citizen son or daughter can petition for a parent.

    • @virajonwheelbordchouhan5126
      @virajonwheelbordchouhan5126 2 года назад

      @@DarianLaw i have overstay our 10 year bar is complete can i agian aply us visa

    • @DarianLaw
      @DarianLaw  2 года назад

      @@virajonwheelbordchouhan5126 yes

    • @virajonwheelbordchouhan5126
      @virajonwheelbordchouhan5126 2 года назад

      @@DarianLaw actually i apply they told why r u live overstay who sport u financially or food provide

    • @virajonwheelbordchouhan5126
      @virajonwheelbordchouhan5126 2 года назад

      Can you apply my visa i pay u all amount after visa

  • @keniasiqueira44
    @keniasiqueira44 9 месяцев назад

    Great! Thanks❤

  • @muhammadzilleabbas213
    @muhammadzilleabbas213 Год назад

    Do i have to file a seprate petition for both mother and father?

    • @DarianLaw
      @DarianLaw  Год назад

      Yes, you need a separate petition for each parent.

  • @Noname-fk8nc
    @Noname-fk8nc 11 месяцев назад

    I recently became us citizen. I want to apply for my mom, what documents will needed for apply??

    • @ZeenatAliSajid-x3w
      @ZeenatAliSajid-x3w Месяц назад

      ruclips.net/video/c2KY6KlZo48/видео.htmlsi=8Tel6q7zhEd4q1RR

  • @masoodkhan3287
    @masoodkhan3287 Год назад

    Sorry for late asking..my question is our son born US citizen, when he trun 22 he sponcer us for immigration, our PD is 2 Aug 2021 and our DQ is 29 sep 2022, we are in june 2023 its been 9 monts now,still no sign for interview. we live in pakistan i heard our islamabad embassy is overload. So my question is i have valid visit visa, can i visit US no problem ? Second if i come there can you do something to make our legal staus till we we get green card ? Thanks and waiting for your response.
    Regards

    • @DarianLaw
      @DarianLaw  Год назад

      You can use your tourist visa if you can convince the customs officer at the airport that your intention is to leave the US after you visit. It is a good idea to bring evidence of your ongoing obligations in Pakistan to show that you plan to leave the US. After you enter the US there might be other options available. I can discuss this with you during a consultation so that you can understand your options.

    • @masoodkhan3287
      @masoodkhan3287 Год назад

      @@DarianLawappreciate your reply sir, I think I should wait here in Pakistan, otherwise I will get stuck in US until I get green card..in any emergency situation I can’t leave US…thanks brother

  • @sepidehkh3104
    @sepidehkh3104 Год назад

    Hi Mr Darian
    Could I (petitioner) attend my parents immigration interview?
    Thank you

    • @ZeenatAliSajid-x3w
      @ZeenatAliSajid-x3w Месяц назад

      ruclips.net/video/c2KY6KlZo48/видео.htmlsi=8Tel6q7zhEd4q1RR