Rogers, AR asked in Immigration Law and Domestic Violence for Arkansas

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.

2 Lawyer Answers
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
Answered
  • Immigration Law Lawyer
  • New York, NY

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.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.