Cape Coral, FL Immigration Law Firms & Lawyers

You could petition for your mother if you are over the age of 21, but if she was illegally in the US for over one year, she would be barred from coming back for 10 years from the date of her leaving the US unless she qualifies for a waiver. A waiver for your mother would only be predicated upon her having a parent who is a US citizen or permanent resident. For your father, it is unclear from your fact situation as to whether he had a prior deportation 15 years ago or only a deportation order. If he only had a deportation order and did not leave until he was picked up four years ago, he would require the same waiver is your mother, but would also require advance permission to return to the US after deportation through the approval of form I-212 Application For Permission to Reapply for Admission into the United States after Deportation or Removal. If he was indeed deported 15 years ago (1999) and then reentered the country illegally, he would not be eligible to file for a waiver until 10 years after he was sent out of the country the last time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

At this time right now, most individuals would not attempt to file an I-129F K-3 petition for an alien spouse as that is usually only filed where the expected time for adjudication of the I-130 petition will be very long. U.S.C.I.S. is currently transferring many I-130 petitions in order to achieve a faster adjudication time. You say that she has a pending case in New Jersey for deportation. Leaving the US usually results in execution of a deportation order. You should check the immigration court line to see if she has already been ordered deported. If so, she would need an I -212 application approved for advance permission to return to the US as she would be barred for 10 years otherwise. In conjunction with the I-212, she would be barred for 10 years also if she stayed in the US illegally for one year. For that, she would require a waiver of excludability grounds under form I-601 provided she can show that a US citizen or permanent resident spouse or parent would suffer extreme hardship unless she was allowed the waiver.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

As a general rule, USCIS wants for the marriage to predate the grant of your asylum status. So if this is the case then you'll have first adjust status, then naturalize in 5 years, and then adjust your wife.