One of the most common questions we get here at Chris Cain Law is whether a child over the age of 21 sponsor their parent’s immigration petition.
The answer, like most things legal, is that it depends.
In general, a U.S. citizen over the age of 21 can sponsor a petition for their parent to immigrate to the United States. This is known as a family-based sponsorship. The process can take several years and requires the submission of various forms and documentation.
However, if the parent entered the United States illegally, they may be barred from returning to the U.S. for a certain period of time and may also be subject to other penalties. This is known as being inadmissible. Additionally, if the parent has been in the U.S. illegally for more than a year, they will be barred from re-entry for 10 years. The only way for them to come back is through a waiver process. To learn more about the waiver process, please click here.
It is best to consult with an immigration attorney to discuss the specific details of your case and ensure that your petition is properly filed and processed taking into consideration the limitations based on the parent’s immigration history. If you have any further questions regarding your specific case, please do not hesitate to contact our office for a free consultation and case analysis.