Q: Can I petition my dad even if he's the reason my mom got her U-visa approved?
Today, I became a US citizen. My mom is currently a green card holder. 8 years ago my mom filed a police report against my dad for domestic violence. (However, there's no police report filed against my dad according to the olathe police.) Then we filed for a U-visa. Got approved, then after 3 years we filed an i485 and got approved. After 5 years of being a green card holder. Today I became a citizen. So my question is since my dad was the reason we were able to get our uvisa approved because of the constant abuse he made my mom go through. Can I sponsor him? He has changed so much and he is still my dad. He feels sorry for all the trauma he put us through. I honestly don't know what to do.
A: I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges were brought against him and the effects of those charges on his ability to obtain a green card. If the charges that were brought against him indicated that he is a person without good moral character, it is likely that he will not be granted his green card because he does not qualify. However, if there is any waiver that can use to help him to overcome any inadmissibility, because of the domestic charges, he can utilize that waiver to overcome that barrier.
A: A US citizen child over the age of 21 can sponsor his or her parent for a green card, provided that the parent entered the United States with permission. This is true even if the parent currently is out of status. That being said, your father may be subject to one or more grounds of inadmissibility, because of the past criminal acts that he committed. A waiver of inadmissibility would most likely have to be filed to waive that ground. You should consult by phone with an attorney here in the United States for possible legal representation. This is something that you should not handle on your own.
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