I-130 Petition

As a resident of the United States, you can only petition for permanent residence for your parents when you become a United States Citizen. You must file a Form I-130, Petition for Alien Relative, for each parent separately. Parents of U.S. citizens are considered immediate relatives, so they don’t have to wait long to get a visa number. Once the I-130 petition is approved, your parents can come to the United States through consular processing on immigrant visas. The I-130 petition will take 3 to 6 months for adjudication. After the petition's approval, the immigrant visa process may take several additional months. Your parents will receive their Green Cards in the United States.

The outcome of your case in court will determine if it affects your I-485 application. If you receive an order of deportation, it can affect your I-485 application, and the United States Citizenship and Immigration Services would not have jurisdiction to rule upon the case. You may need to request a motion to reopen your case since you can now adjust. Requesting a joint motion to reopen with the Department of Homeland Security is recommended. Additionally, ensure that the petition filed by your brother was filed before April 30th, 2001. If not, you may be unable to adjust in the United States and will have to pursue consular processing.

Yes, if the daughter gets married, she will be removed from the preference categories, and the parent's I-130 petition will become void. The daughter will be eligible to apply for an immigrant visa once the parent becomes a U.S. citizen. Lawful permanent residents are not allowed to sponsor married sons or daughters under immigration law.

If your sister is not in the United States, then, unfortunately, her petition will be automatically revoked, and she will lose her priority date. A petition remains valid only if the petitioner dies when the beneficiary is in the United States.