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Petitioning for Parent who EWI

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  • Petitioning for Parent who EWI

    Good evening,
    I have a question! and hopefully i can find someone who can give me some insight, maybe someone who was in the same situation!

    My father entered the US in 1986-1989, illegally through the arizona border and hasnt left since.
    He has never been petitioned for.
    He has never had any problems with immigration or law enforcement.
    I am now 23 years old and was under the impression i could petition him but didnt realize how important a lawful entry was.
    Anyway, without doing proper research, i went ahead and petitioned for him, sent in an I-130, 485, and 765.
    I received receipts, and later a biometrics appointment for my dad, and a week later an RFE asking about his lawful entry or if he qualified under 245(i), which i cant prove.
    and that is when i realized he didnt qualify.
    has anyone found a way to get around this?
    do i have to wait for DAPA?
    should i withdraw my application?(i work at an immigration attys office, he suggested i withdraw and that he would help me, but he is my boss and frankly i cant afford him as a lawyer so i feel weird asking for advice or help)
    Should i explain to immigration that he has been here continuously here for over 20 years and has three USC daughters and a spouse who is a green card holder and how much of a hardship it would be if he was deported?
    any advice would be greatly appreciated!

  • #2
    Your attorney/employer advice is good. Since your dad lacks a legal entry basis, continuing with your existing paperwork could result in a hearing and a voluntary removal order.

    Keep your employer's offer of assistance on tap, as new options become available regularly, but you do not want to risk your dad getting a formal order to leave the U.S.

    --Ray B

    Originally posted by bananabean View Post
    Good evening,
    I have a question! and hopefully i can find someone who can give me some insight, maybe someone who was in the same situation!

    My father entered the US in 1986-1989, illegally through the arizona border and hasnt left since.
    He has never been petitioned for.
    He has never had any problems with immigration or law enforcement.
    I am now 23 years old and was under the impression i could petition him but didnt realize how important a lawful entry was.
    Anyway, without doing proper research, i went ahead and petitioned for him, sent in an I-130, 485, and 765.
    I received receipts, and later a biometrics appointment for my dad, and a week later an RFE asking about his lawful entry or if he qualified under 245(i), which i cant prove.
    and that is when i realized he didnt qualify.
    has anyone found a way to get around this?
    do i have to wait for DAPA?
    should i withdraw my application?(i work at an immigration attys office, he suggested i withdraw and that he would help me, but he is my boss and frankly i cant afford him as a lawyer so i feel weird asking for advice or help)
    Should i explain to immigration that he has been here continuously here for over 20 years and has three USC daughters and a spouse who is a green card holder and how much of a hardship it would be if he was deported?
    any advice would be greatly appreciated!

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