Assuming you are over 21 years of age there is no quota for parents of U.S. citizens.
Thus the only delay would be the processing times.
If your parents are currently in the U.S. and last entered legally (as tourist or in some other category) they can apply for adjustment of status. Currently in the Los Angeles area it is taking 5 to 6 months to process those types of cases (your parents can remain here while the paperwork is pending). If they are abroad it could take around a year...
You have to be legally married and have a bonafide (real) marriage relationship at the time either USCIS adjudicates the application for adjustment of status OR the American Consul issues an immigrant visa. Not sure if you attempted to do either. But now that you are divorced the petition is automatically revoked as a matter of law.
Use form I-864, You can download the form and instructions at
Make sure it is properly documented with proof she is a U.S. citizen of permanent resident, 3 years of federal tax returns with W-2, 3 recent paycheck stubs and employment confirmation letter if possible. Also submit a copy of her driver's...
If he is a lawful permanent resident ("green card" holder) and he ONLY has two conviction for driving under the influence (DUI) then he is not removable (deportable) and there should be no immigration hold. He (you) definitely need to see a lawyer because either a big mistake was made by ICE or there is more going on than what you mentioned above regarding his immigration or criminal history.
The grant of asylum does not give you any rights to bring your parents here (although it does make you spouse and children under 21 eligible). Basically, you will have to wait a year to apply for permanent residency and then after that status is granted another 5 years to apply for naturalization. Finally, when you are a US citizen you can petition for your parents to come as as permanent residents. That means it will probably be around 7 years from now because of processing delays....
This is what the American Immigration Lawyer's Association stated about the Senate proposal in a recent press release:
"As a framework for reform, this is closer than we've come in years to meaningful change," said AILA President Laura Lichter
WASHINGTON, DC - The American Immigration Lawyers Association (AILA) commends the Senate "Gang of Eight" for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the "markup" process. A...
Transportation of drugs (meth???) is an aggregated felony. He must do what he legally can to avoid conviction. He MUST get a qualified criminal lawyer who is aware of his immigration status and who will consult with a qualified immigration lawyer before entering any plea. The fact that its his first offense or that he's been here since he was 8 will not help him if he is convicted of any drug offense.
Unfortunately, you remain obligated on the Affidavit of Sponsorship (I-864) you were required to file for her (as your spouse) even if you are divorced. Only when she becomes a U.S. citizen or leaves the U.S. (and abandons her permanent resident status) are you relieved of that obligation. If you believe that she only married you to get a green card you can file a complaint with ICE.
O.K. - While its true that you get what you pay for, I'm not sure if "overpaying" necessarily gets you the best.
Its my belief that there are 3 types of immigration clients that use attorneys:
1. Those who have straight forward cases but don't have the sophistication and/or language abilities to do it themselves (though I've seen a lot of smart and sophisticated people screw up their own cases!);
2. Those who are quite capable of doing it by themselves but have too many other "...
Assuming she only entered the U.S. illegally once and has remained, if you were married after your I-130 is approved she would be eligible to file an I-601 waiver under the "new" stateside procedures and apply for an immigrant visa at the American Consulate in San Salvador. I have successfully handle many such cases. However, you must use a qualified immigration lawyer because if it is not done right she could get "stuck" abroad for 10 years.
Certified Immigration Law...