This petition is the first step for the parent of a United States Citizen to obtain a green card. We always screen green card cases to determine if the green card beneficiary can qualify for a green card without leaving the United States through the Adjustment of Status process if the beneficiary is present in the United States. However, not all green card beneficiaries will qualify for the Adjustment of Status process.
In this case, our client would not qualify for the adjustment of status process which will require processing of an immigrant visa through the consulate. Furthermore, our client is likely exposed to a permanent bar because he re-entered the United States without permission after previously living in the United States for more than one year. However, since our client later departed the United States and has been living outside the United States for more than 10 years, the mandatory 10 year mínimum period for the bar has passed allowing our client to now apply for a waiver for the rest of the bar to allow him to qualify for the green card from the immigrant visa consular process abroad. Contact us today if you have any questions about the green card process, including consular processing or waivers that could be needed to waive past immigration law violations.