Can I Fix My Parents Papers If They Entered Illegally?

Immigration rules can be complicated, especially when it comes to helping undocumented parents adjust their status. If your mom and dad came to the United States without inspection, you may wonder if there’s anything you can do to get them on the path to permanent residency once you turn 21 years old and become a U.S. citizen.

The short answer is: possibly, but options are very limited. Gaining legal status for parents without papers is complex and risky. While there are a few narrow exceptions, in most cases parents need to have entered the U.S. lawfully in order to later adjust their status from within the country.

This in-depth guide covers common questions adult children have about petitioning for undocumented parents. You’ll learn about:

• Requirements for a citizen child to petition an undocumented parent
• Exceptions that may allow adjustment of status for parents who entered illegally
• Risks and downsides of filing for parents without lawful U.S. entry
• Other grounds that could make parents “inadmissible” for permanent residency
• Alternative options if no clear path to a green card exists

Gaining an understanding of the complex immigration system is key before attempting to filing any petitions or paperwork. Speaking to an experienced immigration attorney is highly advisable as well, since each family’s situation brings unique circumstances into play.

Can I File a Petition for My Undocumented Parents Once I Turn 21 and Become a Citizen?

Yes, United States citizens who are 21 years of age or older may file an immigrant petition for a parent using Form I-130. Parents are considered “immediate relatives” under immigration law, meaning they bypass yearly numeric limits on green cards and can apply to adjust their status once a visa petition submitted on their behalf is approved.

To file Form I-130, you’ll need to provide proof of your U.S. citizenship such as a copy of your:

• Certificate of Naturalization
• U.S. Passport
• Certificate of Citizenship

You’ll also need to include documentation proving your relationship to the parent beneficiary. This evidence might include:

• Your birth certificate showing their name(s)
• Your parents’ marriage certificate
• Records demonstrating cohabitation, financial ties, etc.

While any U.S. citizen who is 21 years old or older can file Form I-130 for a parent, getting the petition approved is only the first step. The bigger hurdle is whether your undocumented mom and dad can successfully apply for lawful permanent resident status and get their “green card.”

Can My Parents Adjust Status Within the U.S. After Entering Illegally?

For parents who entered the United States without inspection—meaning they crossed the border without authorization and were not encountered by immigration officials—filing for adjustment of status after their citizen child submits an approved I-130 petition on their behalf is typically not possible.

Why not? One of the main eligibility requirements to apply for permanent resident status from within the U.S. rather than overseas is showing that you were “inspected and admitted or paroled” upon arrival. Parents who crossed illegally cannot demonstrate lawful entry and inspection.

Additionally, parents who have accrued “unlawful presence” of more than 180 days and then leave the U.S. can trigger a 3 or 10-year bar from re-entering the country. They cannot apply for readmission until the barred period passes.

When Can Undocumented Parents Adjust Status Without Leaving the U.S.?

While the options are limited, there are some circumstances where undocumented parents may be able to adjust their status within the United States after a U.S. citizen child over 21 years old files Form I-130 on their behalf. These include:

Parents Originally Entered Legally and Just Overstayed Their Visa

Some parents live in the U.S. without legal status not because they entered illegally, but due to falling “out of status.” This commonly happens when a person arrives on a legitimate temporary visa—like a tourist, work, or student visa—that eventually expires.

Remaining in the United States after a valid visa expires is known as “overstaying.” While overstaying does violate the terms of a legal entry, immigration officials still consider it a “lawful” entry because it was originally authorized.

This nuance is crucial. Having proof of lawful inspection by immigration officers means parents who overstayed but did not sneak across the border unincorporated may still be eligible to adjust status within the U.S. once their adult citizen child petitions for them. No waiver of inadmissibility grounds would be necessary in this situation.

Qualifying for Adjustment of Status Under INA Section 245(i)

Some undocumented parents who entered without inspection many years ago can still potentially adjust their status under Section 245(i) of the Immigration and Nationality Act (INA) if:

• They are the beneficiary of a qualifying immigrant visa petition or labor certification filed on or before April 30, 2001
• They were physically present in the United States on December 21, 2000
• They pay a $1,000 penalty fee when filing for adjustment

This narrow exception essentially “grandfathers” in certain candidates for green cards despite not having entered lawfully. Consult with an experienced immigration attorney to assess if your parents might have grounds to adjust their status this way after meeting Section 245(i)’s requirements.

Parents of U.S. Armed Forces Members May Qualify for Parole

Children who serve in an active-duty or selective reserve capacity in the U.S. armed forces or were honorably discharged veterans may help their undocumented parents obtain temporary permission to stay in the country legally.

The citizen child can file Form I-131 requesting “parole in place” for their mom and/or dad, which grants a year of protection from deportation. Parole in place also allows qualifying relatives of military members to then adjust status through Form I-485 even without lawful admission.

What If None of the Exceptions for Adjustment of Status Apply to My Parents’ Case?

Unfortunately for many citizen children with undocumented parents who entered without inspection and do not meet narrow exceptions under INA Section 245(i) or parole in place eligibility, gaining permanent residency typically requires leaving the U.S. and applying from their home country.

This process abroad is known as “consular processing.” It involves filing Form I-130 so the citizen child still petitions USCIS to classify their parent as an immediate relative. But instead of adjusting status within the United States, parents need to wait for the National Visa Center to coordinate their visa interview at the nearest U.S. consulate post-approval.

Consular processing when a parent lived illegally in the U.S. for lengthy periods comes with major downsides, however. Chief among them is triggering lengthy 3 or 10-year “unlawful presence” bars that ban re-entry depending on the total duration out-of-status.

For parents, children cannot qualify as the “extreme hardship” needed to receive an I-601A “provisional unlawful presence waiver” to overcome re-entry bars before departure. Parents must instead prove extreme hardship to a spouse or parent who has lawful U.S. status. Lengthy separations from family often result in this situation.

What Other Grounds Could Make My Parents “Inadmissible” For a Green Card?

Gaining approval on an I-130 petition is just the beginning. Undocumented parents must also prove they meet character, health, and financial standards required to get a green card. Key areas evaluated for eligibility include:

Financial Responsibility and Public Charge Issues

In addition to filing Form I-130 as a petitioner, citizen children must also submit Form I-864 (the Affidavit of Support) on behalf of their parents to prevent them from becoming a “public charge.”

Your income and assets must meet at least 125% of the government’s poverty guidelines to sufficiently support your parent so they do not require public cash assistance programs or long-term care at government expense.

Good Moral Character and Criminal Record

USCIS conducts biometric screening and background checks to ensure an applicant exhibits “good moral character” per immigration law eligibility terms. Certain crimes and offenses can render parents inadmissible and unable to receive a green card.

Health and Medical Issues

Finally, parents must complete medical exams conducted by approved civil surgeons and receive any vaccinations required according to their age and medical history. Serious physical/mental health issues needing extensive treatment paid for by government programs can also result in a public charge exclusion.

Conclusion

If your parents are undocumented, entered without inspection, and no clear exception for adjustment of status applies in their situation, take great care before filing paperwork on their behalf as an adult citizen child. There are risks of being barred for lengthy periods outside the U.S. and permanently separating your family.

Beginning the immigration process without the guidance of a lawyer well-versed in these complex situations could unwittingly make your parents’ situation much worse. Always consult an attorney to understand all options and potential pitfalls before trying to help parents who came to the U.S. gain legal status.