Rancho Bernardo, CA Immigration Law Firms & Lawyers

I am assuming that you are a U.S. citizen. Your husband will not get automatic citizenship, just for being married to a U.S. citizen. You will have to file a petition and the necessary documents for him to become a legal resident. The process usually takes 6 months to a year from the date of the initial filing. After your husband has had his green card for 3 years, and assuming that you are still married, he can file for citizenship.

The I-864 is an Affidavit you must sign to say you will be financially responsible for your Mom if she is allowed to come here as a permanent resident. You will need to attach your 1040 (your tax return) and a current job letter to show you make enough money to support her - at least 125% of the Federal Poverty Guidelines for a family of four - you, your two children and your Mom ($27,937 or more). If you don't make this much as shown on your last tax return you have to submit all these papers and also get a co-sponsor who does make enough money and the co-sponsor also files an I-864 + I-864A if married, tax return, job letter, and proof of being a permanent resident or citizen.

Based on the facts you provided, there is one solution: Your brother can file an I-130 Petition, together with your parents' applications for adjustment of status. It is extremely important to do the I-130 Petition right, because, if it is denied, the case will become hard to save. If the I-130 Petition is approved, the applications for adjustment of status will be denied, and your parents will be summoned before the Immigration Court. There, they can ask the Immigration Judge for the relief called "cancellation of removal" It means that the Immigration Judge can give them green cards to avoid the exceptional hardship that your 8 years old sister would suffer if your parents are deported from the U.S. There is a serious risk in this process; and anyone who would tell you he/she can guarantee a positive result would be lying. The procedure is very difficult and highly technical; not many attorneys can handle it successfully; and trying to do it without an attorney is pretty much like performing a surgery after watching some do-it-yourself videos on YouTube. At this time and on the facts you provided, there is no other solution. It is possible that there are other options available to your parents. It is also possible that, for some reasons, one or both of your parents cannot apply for cancellation of removal in the Immigration Court. To consider these possibilities, an immigration attorney would have to ask your parents, literally, dozens of questions; it cannot be done on this forum. So you can tell your parents that they need a consultation with an immigration attorney.