Previously, we talked about immigrating your parents. But what if the parent overstayed
and they're here illegally? Can you still help them? Watch this video, and I'll tell
you more. So, in this video, we'll talk about options for parents that overstayed their
visas, and now they're being petitioned by their US citizen children. We did a previous
video that we talked about the process of immigrating a parent but this video we're
recording, is based on a question that we got from one of our viewers, and I wanted
to create a video specifically for that, to answer the question of what happens when a
parent overstayed and has a criminal violation, can you still adjust their status? But before
that, I want to ask you to subscribe to our channel. If this is the first time you're
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on all platforms. And again, if you have questions, post them in the video below, any suggestions.
We always love to answer your questions and get suggestions. This video is based on your
suggestion, and I'm making it for you right now. So in this scenario, we have a 22-year-old
US citizen kid who is trying to adjust his dad who came to the United States with a visa
about 12 years ago and overstayed his stay in the US and since then, also got a DUI a
couple of years ago. And the question is, can we still adjust the status of this parent?
And the other question was, can he do it from inside the US or should he do this process
from overseas? So first of all, as long as his parent came here legally, in this case,
he came in legal and he overstayed his visa, he only overstayed his visa, even if years
pass, like here it’s 12 years, as long as his son is now a US citizen, and he was waiting
for his son to become a US citizen, his son can now file for a process that is called
Adjustment of Status. He'll be filing forms called I-130, and 45 to adjust the status.
And in the Adjustment of Status, we're also going to have to disclose the fact that his
father overstayed by more than 12 years, and also the fact that he has a DUI. Now, remember
that a DUI by itself is not going to be a bar for the Adjustment of Status, but it's
really important to understand what happened, the immigration is going to want to know,
they want to see the final conviction. They want to see if the fines were all paid, if
there was a probation, if the probation is over, and things like that. And again, one
DUI should not really be a problem in this case, as long as we can show that everything
happened, everything was taken care of with respect to this particular conviction. When
there are multiple DUIs, we will have to analyze in more depth, the actual conviction. We have
to see the recency of this offense and the previous offense. There are many factors that
are coming into play when you have more than one incident, more than one DUI, more than
one shoplifting or anything like that. So, we strongly recommend that if there's more
than one DUI, definitely seek the assistance of an immigration attorney. And even if you
have one DUI, it's always good to speak to an immigration attorney because we can always
look at the actual case. It’s sometimes different from state to state, how they look
at DUIs. Definitely talk to an immigration attorney if there's a DUI. So, coming back
to this case, the issue here is that the father overstayed here by more than 12 years, and
now, the son wants to file for his Adjustment of Status. And yes, it is possible because
the first entry was legal. Remember that. As long as there is a legal entry, at first,
it’s a legal entry, there is always a way to adjust your status as long as you have
a child who is a US citizen, or a spouse, that is a US citizen. In that case, after
the Adjustment of Status interview, that illegal entry, essentially it will be waived, and
that person can still get their green card. So what is really important in this case,
is to document that there were no other violations, except for this illegal entry. So, sometimes,
people come here, illegally, and then and then they leave and re-enter. So, if there
is a re-entry, that we can't really help that person that adjusted their status, that is
trying to adjust their status, because the government will see that they came here illegally
more than once. Also, it's important to make sure that there's no fraud or misrepresentation.
So, for example, in this case, because there was a DUI, we will disclose that on the forms.
And people sometimes say, “Well, do I really have to say that? And I say, “Yes, you do.”
Because if they find out about the DIY, the actual UI itself is not gonna be an issue
but the fact that you didn't disclose it on the form could be construed as misrepresentation,
and then, you may not be able to finish your Adjustment of Status. So again, to summarize
this, yes, you can adjust your status, even if the parent overstayed as long as the child
is over 21 years old. And in this case, even if there was one DUI, as long as we disclose
it, we provide all the records, you should be able to still adjust your status and get
your green card when the time comes. So, hopefully, that answers this question. This is a follow-up
video to a video that we did before explaining how a child can adjust their parents who are
here as visitors and also the video explains how you can immigrate your parents who are
currently waiting for you overseas. So, if you liked this video, make sure you give it
a like, share it with somebody who may need this information, and leave us a comment explaining
to us if you have more questions or any questions about this particular video. Thanks for watching.
I will see you in our next video.