Legal Question in Immigration Law in California

Hello I hope you can help me... My oldest son is 18 and I know he could put a petition for me @ 21 but in 1989 I was 21 and obviously I did not wanted to go back to Peru where I'm from so I made a fraudulent application to INS at that time for what is was call " late amnesty" and I got a work permit since then I never pursue this anymore and I' ve a model citizen but I'm concern that this will ruin my chances to be legal when the time comes ... A friend of my says that my son can not help me because a waiver wont applied for me in this case so what I did ruin my chances...

Please answer me back.

Miguel A .Perochena

Asked on 8/08/09, 3:39 am

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

I'm assuming your friend is not an immigration attorney so it's amazing that they may actually got this one right. Yes, unfortunately the waiver for the fraud is not going to apply to you as the parent of a US citizen. It applies to a spouse or son or daughter of a citizen or permanent resident alien.

However, just because you applied for late amnesty and were denied, it does not necessarily mean that it was a "fraudulent" application. That would have to be an explicit finding by USCIS in the future that you committed fraud. Many people's amnesty applications were denied simply due to lack of proof. So, I would not count yourself out yet because of possible fraud. However, you would have a problem adjusting your status three years from now (when son is 21), if you came here illegally from Peru. You would have to go back to Lima and apply for your permanent residence there and that will trigger the 10-year bar from being admissible to the US. At that time, you'd have to show extreme hardship to your son and possibly other US citizen children or your wife before you could be approved.

Larry L. Doan, Esq. (blog)

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Answered on 8/08/09, 3:56 am

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Your friend is right that your son's petition can't help you, but that doesn't mean that no help's available. If your dad were married to a U.S. citizen, that would help, waiver would be needed though for fraud and unlawful presence. Being a model citizen now helps that, but may not be dispositive. Still, it couldn't hurt.

There might also be a couple of other ways he could straighten his status out too, but I'd need to know more.

I would be happy to help you out if you contact me offline. Visit me at, phone at 818 609 1953 or email me at [email protected] Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine

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Answered on 8/08/09, 3:58 pm

I'd need to know more information, such as how did you arrive to the U.S.? Was it by plane, and if so, did you arrive with your own passport and still have the I-94? I would be happy to assist you if you contact me off line at 415-387-1364 or email me at [email protected]

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Answered on 8/09/09, 3:02 am

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