Family Based Visa
Our Approach to Processing an Immediate Relative Petition
We are very selective when representing clients who wish to petition on the basis of a relationship as an immediate relative. Personalized service and individual attention is key to processing immediate relative petitions. We work with clients to ensure family unity is preserved and the best interest of the immigrating relative is served during the petitioning process. Contact Us for more information.
It is important to understand that the principal objective of the Immigration and Nationality Act is “Family Unity.” High priority is assigned to this very important objective and family members of United States citizens and Permanent Residents are treated with special consideration. In fact, no numerical limitations are placed on the immigration of immediate relatives of U.S. citizens. “Immediate Relatives,” include spouses and children of U.S. citizens, parents of adult U.S. citizens, and certain widows and widowers of deceased citizens and their children.
People who want to become immigrants are classified into categories based on a ‘preference’ system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
| First Preference: | Unmarried, adult [21 years of age or older] sons and daughters of U.S. citizens. |
| Second Preference: | Spouses of lawful permanent residents, their unmarried children [under 21], and the unmarried sons and daughters of lawful permanent residents. |
| Third Preference: | Married sons and daughters of U.S. citizens. |
| Fourth Preference: | Brothers and sisters of adult U.S. citizens. |
Sponsorship Eligibility
To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:
- You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
- You must prove that you can support your relative at 125% above the mandated poverty line.
If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
- Husband or wife;
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister, if you are at least 21 years old; or
- Parent, if you are at least 21 years old.
If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
- Husband or wife; or
Unmarried son or daughter of any age.
We got our greencards in 2007 thanks goes to you for this. My Son turned 15 and I’ve read that “children who reach 14 must file an application to replace their green card”. We leave to go to Australia on Vacation in 65 Days. Is there enough time to do this? Is the current card still Valid until the new card is issued? Can I just apply when we get back from our Vacation?
The I-90, Application to Replace PR Card receipt should be temporary proof of PR status. Additionally, you could go to the local Office of the USCIS and obtain a temporary stamp evidencing PR status that will allow you to travel abroad.
Right now the visa bulletin shows the current date as Jan 2010 for Family-Based 2A category. Dose that mean If anyone filing I-130 & I-485 for spouse will be getting GC with in a year ? When can a GC holder file I-130 & I 485 for spouse ? After filing I-130 & I 485 for spouse, Will Spouse get eligibility to stay in US ?
You would be able to file an Immigrant Petition for an Immediate Relative immediately. However, the application to adjust status would have to be filed after the priority date (date of filing of the immigrant petition) is current on the visa bulletin.
Consulates may seek additional documentation and you may have to produce them. The additional documents could range from title/mortgage documents showing property owned to recent bank statements showing the availability of immediate funds. As mentioned in an earlier answer to a similar question, more is always better in these instances.
The lack of education may pose a problem in the Consulate’s assessment of the future prospects of your husband finding a job in the U.S. The Consul may perceive the lack of education as a disqualifying factor from that point of view. Demonstrating experience, skills and the ability to find a job in the U.S. is imperative.
I strongly recommend that you collect and produce documentation of financial ability to support yourself and your new husband in the U.S.
Unfortunately, your friend has the onerous task of overcoming a presumption in the law that allows married citizens to obtain a Green Card [Alien Registration Card] in the first place. The presumption is that all marriages are ‘sham’ marriages, unless proved otherwise. The two-year conditional permanent residence is a probationary period and the marriage must last beyond this period for the individual to be entitled to Permanent Resident status in the United States [the card itself is valid for 10 years and is renewable]. It is imperative that the marriage lasts beyond the two-year period for your young friend to stay here permanently.
Permanent residents are required to maintain permanent residence in the U.S. Any absence abroad that extends beyond six months raises the presumption that the Green Card holder has abandoned his or her permanent residence in the U.S. The Green Card holder then has the burden of overcoming this presumption when he/she attempts to re enter the United States after a long absence.
You should now notify the NVC that your parents are in the U.S. and will adjust status here. This can be done via email (nvcinquiry@state.gov), or by means of a letter. You should then proceed to file Applications to Adjust Status after waiting to ensure there is no conflict with their visitor status.
The I-485 for the spouse can and will be adjudicated only if dates are current, which would immediately allow the principal to file a dependent application to adjust status. Also, the spouse would be able to accompany/join the principal if her name was included in the I-140, or the marriage happened prior to adjudication. Filing an I-130 would certainly be possible if this is being done after the fact. However, this does not grant the H-4 spouse status to remain in the U.S. Other options may be available. Please contact our Office for an appointment to discuss this matter in greater detail.
As long as it is receipted prior to the date of expiration of green card, your wife should not have any issues. Not filing a removal of condition application could lead to an automatic revocation.
All visa applicants are required to complete a medical examination. HIV testing is now required of all applicants. Infection with the HIV virus is a ground for exclusion from the U.S., although a waiver may be available.
There are three options available. 1) Marriage to a U.S. citizen, or 2) An Employment based petition to sponsor her as an immigrant and finally 3) A petition for immediate relative.
“Follow to Join” is a term of art. Your spouse and children are eligible for “derivative status” – visas given to spouse and children who accompany the principal beneficiary, or enter the U.S. If the entry is within 4 months of the principal beneficiary’s entry or appearance at a consulate abroad, then they are supposed to be following to join the principal beneficiary in the U.S.
Permanent residents are required to maintain a permanent residence in the U.S. Any absence abroad that extends beyond six months raises the presumption that the Green Card holder has abandoned his or her permanent residence in the U.S. The Green Card holder then has the burden of overcoming this presumption when they attempt to re enter the United States after a long absence. I foresee problems when your parents attempt to return at the end of each absence, unless they obtain permission [in the form of a re entry permit] prior to departure.
There is an entire process involved and would require you to file an Immigrant Petition (I-130) and process an Immigrant Visa Application with the National Visa Center. The USCIS website has an excellent overview of the process. See: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents. Alternatively, you could engage a Law Firm to take care of the paperwork.