Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them
They do have 2 adult children born here too. He has been the pastor for 24 years
A: If the pastor entered the U.S. lawfully and if one of his adult U.S. children is at least 21 years, then the pastor can file for adjustment of status with USCIS.
A: No, but if he has a child, over 21 year old, who was born in the United States, then the child with the help of parishioners may be able to take action.
A: Their adult children may qualify to sponsor them. I advise they consult with an experienced immigration attorney.
A: It would certainly be wise for the pastor, his wife and their children to schedule a consultation with a competent and experienced immigration attorney. The limited amount of information you provided does not allow one to say conclusively whether, for example, prospective cases could be completed entirely inside the United States or whether the parents would need to travel abroad to complete their cases at a U.S. embassy, the latter of which might involve triggering a 10-year bar to reentry from the moment they depart and for which there may not be a "waiver" available to forgive the 10-year bar for lack of a "qualifying relative" on whom extreme hardship would need to be shown. The privacy of a professional consultation is the best setting in which the family can find the answers they seek. Many law firms, including mine, are offering online video or telephone consultations during the COVID-19 pandemic.
A: As the other attorneys have stated, if he has a child over the age of 21, and the parents entered the country with permission, then they can be sponsored by their adult child for green cards. In order to make the process go smoothly and without complications, I suggest you retain counsel to represent you from start to finish. Make sure the council that you retain promises to file a G 28 form to remain in the case for its lifespan, which will take more than a year. And you should also retain counsel who promises in writing to represent the parents for a flat fee, without hidden costs. I wish you the best of luck
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