The situation of each family is totally different from the rest.
When it comes to immigration, the law in the United States is very strict., but it allows alternatives to be sought in order to reach a happy agreement. We are going to analyze different perspectives when petitioning parents for children over 21 years of age, which is the legal age in the United States.
Among the questions that many people have and want to resolve, is that of those who are parents of children born in the United States.
Can they ask for custody?
Inside of I-130, there is the condition that it be supported by consanguinity certificates, that is, where it is demonstrated that there is a link between the person making the request and their child. Sometimes, a DNA sample is requested to validate this consanguinity. Immigration generally does not request these types of DNA samples, and these are the responsibility of the person requesting them.
A Green Card cannot be given to someone illegal
If someone enters illegally, this can be corrected through legal entry, in addition to a visa. According to the law, a person who has entered the United States illegally will have a 10-year penalty for entering the country. Immediately upon leaving the United States, this punishment begins.
In the case of parents who make the request and need to enter legally, there is a 601A waiver for these cases.
In this case, the son can't ask for forgiveness. Additionally, immigration law needs two requirements: parents with papers or husbands or wives with legal papers. It is always necessary to seek advice from your lawyer on this issue, which, in each case, will be different from the rest.
There are exceptions to this rule
If before April 30, 2001, someone applied to immigration, it is possible to obtain a benefit for a fine, without having to leave the country and serve the sanction. Likewise, if it is proven that that person entered with a visa, they can request an exception. But it is necessary, in order not to waste time and, above all, money, to consult with an expert lawyer on the subject. It must be clarified that the beneficiaries in the case are very important to have a good result.
Also important is the exception that may apply when the child over 21 years of age makes the application to immigration. If a parent has TPS, in most cases it is possible to do so, however, there is a risk of having it removed. It is necessary to ensure exit by entering legally. That avoids many subsequent problems.
In any case, as we have said previously, each case is totally different from another, so a global idea can be given regarding the different variants and alternatives that may be presented in a petition before immigration. If you need a more exhaustive analysis of your case, you can consult with the immigration lawyer Angélica Tovar, who has extensive experience in immigration issues.