An important objective of U.S. immigration law is reuniting and keeping families intact.
U.S. citizens and Permanent Residents may file petitions with USCIS to classify specified alien family members for permanent residence and, in some cases, their spouses and unmarried minor children may be accorded derivative permanent residence.
U.S. citizens may file petitions for the benefit of their spouses, unmarried or married children, parents, or siblings, while Permanent Residents may file petitions for the benefit of their spouses and unmarried children. Adopted children and stepchildren of U.S. citizens and Permanent Residents may also qualify under certain circumstances.
U.S. immigration law specifies and limits the number of family-sponsored permanent residence visas that may be issued annually according to the nature of the family relationship between the petitioner and beneficiary. Immediate relatives of U.S. citizens — spouses, parents, and unmarried children under the age of 21 — are immediately eligible without limitation to apply for a green card, while adult children, married children, and siblings of U.S. citizens, and spouses and unmarried children of Permanent Residents, must often wait several years for their place in the "visa line" to be reached.
In that regard, "priority dates" and "cutoff dates" are published each month by the U.S. Department of State in its Visa Bulletin.
Helping Families Stay Together
Obtaining approval of a family-based petition is the initial step in the family based immigration process. The final step is adjustment of status in the United States through USCIS, or immigrant visa processing abroad through an American Consulate General or Embassy.
Certain alien spouses and children receive conditional permanent resident status for a period of two years rather than unconditional lawful permanent resident status.
Who a U.S. citizen may petition for
- Spouse
- Unmarried or married children
- Parents
- Brothers and sisters
Who a permanent resident may petition for
- Spouse
- Unmarried children
Give us a call today if you are experiencing family based immigration legal issues and need guidance. Contact us to schedule an initial consultation.
Family Immigration FAQs
It's important to know if your husband entered the U.S. legally or illegally.
If he was legally admitted and inspected upon entry, you may file a family petition for his benefit with the United States Citizenship and Immigration Services ("USCIS") and he may be able to concurrently apply for permanent residence ("green card"), a temporary work card, and a temporary travel document.
If he entered illegally, you may nonetheless file a family petition for his benefit with USCIS; however, unless you or another family member or prospective employer filed a petition or labor certification for his benefit, or in some cases for the benefit of his parent(s), on or before April 30, 2001, he may be required to complete his green card processing by attending a final interview at the American Consulate General or Embassy in his native country.
It is likely that your husband will encounter a significant problem if he is required to complete his immigrant visa processing in his home country, because U.S. immigration law provides that if he has been unlawfully present in the U.S. in excess of 180 days after April 1, 1997, he may not reenter for 3 years after voluntarily departing. Similarly, if his unlawful presence exceeds 1 year, he may be excluded for 10 years after his removal or departure. In that regard, your husband's trip to his home country to complete his immigrant visa processing will trigger the 3-year or 10-year exclusion and, although a waiver is available if his exclusion would be an extreme hardship to you or another qualifying relative, a waiver may be difficult to obtain.
As a U.S. citizen, you may file petitions with the appropriate United States Citizenship and Immigration Services ("USCIS") Service Center to classify your parents as your immediate relatives. If your parents are in the U.S. and were legally inspected and admitted upon entry, they may concurrently apply for permanent residence ("green card"), a temporary work card, and a temporary travel document.
If your parents entered the U.S. illegally, or if they are not in the U.S., they must complete their green card processing by attending a final interview at the American Consulate General or Embassy in their native country. Thereafter, they will be admitted into the U.S. as immigrants and will receive their green cards via mail.
Contact us today to schedule an initial consultation and discuss your immigration needs.
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