Q: Can I file a I 130 form in order to give MY FATHER a a green card?
I am about to become U.S. citizen and I would like to file a relative petition for my father who entered legally with VISA in U.S in 1998 and stayed unlawfully present for 1 year until he went back to Brazil. But In 2000 at the airport he was DENIED ENTRY and turned back to Brazil. One year later in 2001 he illegally entered through the Mexico border and lived illegally until 2010 when he left U.S for good. Because of my father's immigration scenario, can I file a I 130 form in order to give him an immigrant visa and then a green card?
A: Yes, you can still file for him. As an "immediate relative," his past immigration violations are essentially forgiven under the law.
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