Palisade, CO Immigration Law Firms & Lawyers

The petition that your mother's sister filed is not current according to the most recent Department of State Visa Bulletin. The Visa Bulletin is a monthly report that lets us know when visas are available in what are commonly referred to as the "preference categories." In the Fourth Preference (siblings of US citizens), the State Department is currently processing cases filed on or after May 22, 1996 for beneficiaries who are Mexican nationals. As the petition filed on behalf of your mother was filed in 1997, it is not yet "current." As you did not mention your immigration status, it is difficult to determine whether you might be able to file for them. If you are a US citizen, you could file an immigrant visa petition on their behalf so that they could return to the US. Keep in mind however, that if you are not a US citizen, you cannot file a petition on behalf of your parents. A petition filed by a US citizen on behalf of a parent is not subject to the limitations discussed above as to "preference category" petitions and accordingly no visa backlog exists in this category. Also important to consider is that if your folks were in the US for any period during which they did not have lawful status, that may render them inadmissible to the US by reason of having accrued a period of "unlawful presence" before their departure. Again as your inquiry does not indicate whether your folks were here without status, I cannot provide any response as to this important consideration. My advice? Talk to a competent attorney who can guide you through the process.

If a) your boyfriend entered the U.S. legally, with a visa, b) you are a citizen of the U.S.; and c) you marry him, - then you can file an petition with US Citizenship & Immigration Services asking that your husband be permitted to remain in the U.S. as a lawful permanent resident. USCIS will consider your petition, check your boyfriend's background, and call you both for an interview. If you convince the USCIS officer at the interview that you two got married because you love each other and want to be a family (not just to get a green card for your boyfriend), the petition will be approved, and your husband will receive a green card for 2 years, conditioned on his marriage to you: if your marriage does not survive 2 years, your husband will lose his green card. 18 months later, you both will ask the USCIS to remove the conditions on your husband's green card. At the second interview, you will have to convince USCIS officer, again, that your marriage is real; if you succeed, your husband will receive a permanent green card (one that he will keep even if you divorce him); otherwise, USCIS will ask him to leave the U.S. 33 months after getting his first green card, if he will still be married to you, your husband will be able to apply for U.S. citizenship. This is the procedure. Difficulties can arise if your fiance has criminal convictions, a history of immigration law violations in the U.S., or some other disqualification that would bar his becoming a permanent resident. Another problem that you might face is that you would have to show financial ability to support him in the U.S.; for a family of 2, you would have to show income of over $19388 a year. If you don't have that kind of income, and don't have significant assets, you would have to find a co-sponsor. Finally, you might want to know that the government filing fees on the first stage (up to the getting a 2-year green card) are $1490.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated, including a complete review of the charges and your juvenile/criminal record. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.