If I am an American citizen married to an illegal immigrant, can I still legalize my illegal parents and siblings?

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If I am an American citizen married to an illegal immigrant, can I still legalize my illegal parents and siblings?

Asked on January 23, 2012 under Immigration Law, Tennessee

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your marriage has nothing to do with your ability to petition for your parents and siblings.  HOwever, if your parents and siblings entered the US unlawfully, under the current immigration laws, they will not be permitted to adjust status to permanent residence within the US.  They would have to return to their home country but by departing the US they will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is very difficult in most cases.


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