Legal Question in Immigration Law in Massachusetts

My boyfriend, whom I love very much, is an American Citizen. He'll be 21 soon. However, his parents are not - they are Mexican citizens and have been living in America (illegally) since about my boyfriend's birth. How would we go about getting them permanent residency so A. there is a high success rate and B. they won't be deported? They have been paying taxes, have clean records, good character and standing in their neighborhood etc. Its just that when looking up anything on procuring residency, there's only talk of obtaining visas for the family members from their country and bringing them over. Well, they're already here - would that hurt the case? And mind you, they don't necessarily have a lot of money to blow on crazy court cases.

Asked on 7/11/12, 1:24 pm

1 Answer from Attorneys

Namita Agarwal Agarwal Law Offices

Since your boyfriend's parents entered the country without inspection and have been unlawfully present in the U.S. for more than 1 year, if your boyfriend filed a petition for his parents (which he could) they their interview would be in Mexico since they are not eligible to adjust status in the U.S. When there, a 10 year bar would trigger for each of them. They appear to be ineligible for a waiver since your boyfriend is not a qualifying relative for such a waiver but such a determination would be made with more information from his parents.

For more information, please schedule a consultation with Agarwal Law Offices at 978-905-9992;

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Answered on 7/11/12, 2:42 pm

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