Asked in Immigration Law for Kansas

Q: Immigration question for Venezuelan citizen.

My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last time they tried was in early Feb of 2021, but since my mom's passport had expired they were not allowed to board the plane. The problem is, there are no Venezuelan embassies in the US for my mom to renew her passport, due to broken diplomatic relations between the two countries. We are looking for a way for them to leave or if they can't leave we're looking for a legal way for them to stay in the USA. I'm soon to become a US citizen but since they are already passed the threshold of time allowed by their visa (over a year) we don't know what steps to take next in order for them to remain here legally or to be able to leave without them being banned from entering the US again.

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to exit the country until they have their green cards in their hands.

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