Q: My mom and I are US citizens. I live in the US, she lives in Mexico. Who should sponsor my dad's green card application?
My mother (US-born) and father (Mexican national) met in the US in university but moved to Mexico in the 70s. For some time he had a green card through this marriage, but they found jobs in Mexico and stayed there. The GC was given up at a port of entry at some point in the 70s as well (they have no copy of any paperwork, like an I-407). They'd like to eventually move to the US to be closer to me and my family. Would it be better for me to sponsor my dad's green card application, since I reside in the US? Also, will not having a copy of the I-407 pose a problem? Should I ask him to fill it out and back-date, and submit it alongside the I-130? They both visit the US fairly often so the given-up green card hasn't impacted his ability to travel.
A:
Either you or your mother can file the FORM I-130 on behalf of your father. However, your father may have an easier path to the immigrant visa if you file the relative petition. As the petitioner of the relative petition you will need to file the FORM I-864 with your latest federal tax return once the FORM I-130 is approved and forwarded to the National Visa Center.
An experienced immigration attorney can provide you with more information regarding this strategy.
Good luck to you.
Stephen Arnold Black agrees with this answer
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