Legal Question in Immigration Law in California

Hi, my name is Carol. My family and I are seeking ways to gain permanent residency for my parent's caregiver (5+ yrs.), Mark (Male, Filipino national, Current Status: Here on expired Tourist Visa, issued in 2007?).

In April 2008, my parent's long term care insurance placed Mark as a live in care giver at my parent's house for my father, who had late stage Alzheimer's. It was during the next two and a half years that Mark became like family with his exceptional care of my father. He truly brought good cheer and laughter to my father's last days.

After my father passed in Oct. 2010, Mark terminated employment with the agency and stayed on as a caregiver to my mom, (actually he was more like a "son" to my mom by now, let's face it!). My mom is in her eighties and is progressively needing more help and he is so awesome with her.

What can my family and I do to get residency for Mark so that he can continue to care for our mother?

Thank you for your time and helpful suggestions

Asked on 5/14/13, 10:51 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Hi Carol

Unfortunately, there is nothing you or your family can do to assist Mark at this time.

One of his main problems is his unlawful presence, which makes him ineligible to adjust status in the United States, & subject to a 10 year bar if he departs the U.S.

If Congress passes a Comprehensive Immigration Reform Bill, then perhaps they will provide a way for people in Mark's position to gain legal status in the United States.

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Answered on 5/15/13, 8:28 am

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