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Can parents get petitioned by USC daughter in a coma?

Business 5 views 5 answers
My 23 year old fiancé is in a coma for 3 weeks. She was born here but her parents came illegally over 25 years ago and never fixed their status. They are scared they will not be able to stay in the United States to care for her. Is there any immigration application that can be filed because of these reasons? They have no other children born in the US.

Attorney Answers

5
Yuliya Pashkova ·
Even if your fiancee were capable of filing a petition for her parents, it probably would not do much good right now. The fact that her parents came to the U.S. illegally precludes them from filing a green card application here. Additionally, due to the sheer length of their unlawful presence in the U.S., they are subject to the 10-year bar, which would require them to be outside of the U.S. for 10 years before being allowed to immigrate. It is possible to get a provisional unlawful presence waiver, but they would have to show that the refusal to allow them to immigrate to the U.S. will result in extreme hardship to their U.S. citizen spouse or parent (not children though). If such waiver is granted, they would have to go to their country to get an immigrant visa at the U.S. embassy.
0 upvotes
Stephen Berman ·
Even if she could, the parents would have to leave the U.S. to get the visa, and they cannot return for 10 years unless they can show an extreme hardship to THEIR parent or spouse who is a US citizen or permanent resident alien.
0 upvotes
Adan Vega ·
The fact pattern that you have presented indicates that the U.S. citizen daughter may not be in the position to file the FORM I-130 if she is and remains in a coma.
0 upvotes
Aygul Charles ·
This must be such a difficult period for you and the parents of your fiancee. Although your fiancee can not petition for her parents while in a coma, there may be another solution for them. They should consult with an attorney to explore other options which may be available such as U-visa or prosecutorial discretion.
0 upvotes

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