Legal Question in Immigration Law in Utah

In 2003 my husband got his permanent residency. His parents brought him and 3 other brothers illegally approx. 16 years ago and they have lived here illegally ever since. In 2002 they filed a I-130 (supposedly from my mother in laws sister) and according to their case online an approval letter was sent out in March of 2003, but as far as what they are telling us nothing else has been done/received. Now they are wanting my husband to sponsor them. They said a lawyer told them that because they have been here so long and because they have proof of employment this whole time that they could get approved in something like 3 months without having to leave the country. This doesn't seem realistic to me at all. They are from Mexico. My questions are:

1) With an approval already on the 1-130 in 2003 is there any reason for us to file anything again?

2)Why wouldn't they have heard anything further after the approval?

3)If he could/does sponsor them could he petition for his parents and brothers all at once?(The brothers are all over 18 except one who was born here.)


Asked on 2/09/11, 6:40 am

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

First your husband needs to be a US citizen if he wants to sponsor his parents or his brothers. If indeed your mother in law's sister filed an I-130 for her back in 2003, she is still not eligible to adjust her status as the wait for Mexico is, I believe over 10 years, you can check this out at the department of state website. If your husband is a USC and sponsors his parents there won't be a wait but for the brothers there will. The other issue will be there illegal entry if that is the case. There is no way, however, that anything will happen after 3 months.

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Answered on 2/09/11, 10:46 am


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