How can I fix my parents papers and how long will it take? 4 Answers as of September 03, 2014

I'm a permanent resident (through marriage) and will take the citizenship test soon. How can I fix my parents papers? They have been petitioned before back in 2001 and both my brothers are underage U.S citizens. Do I have to make a certain amount of money on my taxes like my husband did to be able to petition for them? Also, how long will it take them to get a green card if it all works out? Thank you for your time.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If they have been petitioned prior to April 30, 2001, they may be protected under 245i and so when you become a US citizen, you can petition for them and they will be grandfathered under 245i. You will have to show that you have sufficient income for affidavit of support purposes and if you do not you will need to get a joint sponsor.
Answer Applies to: California
Replied: 9/3/2014
Law Offices of Linda Rose Fessler | Linda Fessler
We're they denied in 2001? You do need to make a certain amount of money to prove that you can support them.
Answer Applies to: California
Replied: 9/3/2014
Law Offices of N.J. SAEH PC | Noel J. Saleh
As soon as you become a U.S. citizen, your parents can file for resident status. Assuming that they entered the United States legally there is no bar or penalty for overstaying their status. ( Only If they entered without inspection would the 2001 petition become relevant) Yes, there is an income requirement but if your income is not sufficient you can have a Co-Sponsor for the Affidavit of Support.
Answer Applies to: Michigan
Replied: 9/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can petition for your parents once you become a citizen. The process will take approximately 5 to 8 months. You will need to complete an affidavit of support for each parent.
Answer Applies to: New York
Replied: 9/3/2014
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