Overview of Family Sponsored U.S. Immigration
Family Sponsored U.S. Immigration petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens if the marriage is less than two years in duration. The term preference relative applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include: married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.
Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust their status. Preference relatives often face very long waiting times, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.
Requirements for Family Sponsored U.S. Immigration
- The sponsoring relative must file a petition (Form I-130) on behalf of the qualifying foreign national relative. If the relative is outside the U.S., the immigrant visa case will proceed via consular processing.
- Immediate relatives require an I-130 filing for each sponsored family member.
- Sufficient documentation of the qualifying family relationship must be provided.
- Family-based cases generally require an affidavit of support.
How We Can Help You with Family Sponsored U.S. Immigration
- IMIGRUS attorneys can assist in preparation for and representation at interviews at USCIS offices or U.S. consulates.
- IMIGRUS attorneys also advise concerning legal issues and may assist in all types of family-based immigration cases at local USCIS offices, service centers, and U.S. consulates abroad.
Scenarios Possible with Family Sponsored U.S. Immigration
IMMEDIATE RELATIVES – MARRIED TO A US CITIZEN
If you have an immediate relative (US citizen spouse or parent) who is a U.S. citizen or lawful permanent resident, they may be able to sponsor you for your Permanent Residence or what some may call a Green Card. United States Citizens can sponsor their spouses, children, parents, and siblings, while Lawful Permanent residents can only sponsor their spouses and unmarried children.
Depending if you file for permanent residence inside the United States through Adjustment of Status or outside through Consular Processing it is key to consult with our office to determine which process is most advantageous to you and your case.
Having a spouse or parent that is a US Citizen is a great opportunity and allows for the easiest path to permanent residence (green card) in the United States. If you are in this category you should act now and apply to obtain your permanent residence today. Be aware that if you are sponsored by your spouse and your marriage is less than two years old, you will initially receive a conditional permanent resident card (green card) that expires after two years. You must then remove the conditions on that green card in the 90-day window before your permanent resident card expires.
Assistance with removing your condition on your Permanent Resident Card (green card) is available today. |Call us now at (786) 361-2355 or contact us online to start your application right away.
If you not married to a US citizen or a minor child of a United States citizen then are you:
- an unmarried son or daughter (not a minor) of a US Citizen
- Spouse and minor child of a permanent resident
- an unmarried adult son or daughter of a permanent resident
- a married son or daughter of a US Citizen
- a Brother or sister of a US Citizen and are 21 years of age or older
PERMANENT RESIDENCE PREFERENCE CATEGORIES OF FAMILY SPONSORED U.S. IMMIGRATION
If you fall under one of the above permanent residence preference categories then you can still apply for US Permanent Residence and obtain a Green Card, it just sometimes takes a little longer and requires a different process. The class of your preference will be determined, depending on your relationship to the person sponsoring you. Spouses of United States Citizens or parents of United States Citizens have immediate access to permanent resident status and, therefore, do not fall under any preference. However, all the other relationships listed above fall under the following preference categories:
The First Preference is for unmarried sons and daughters of U.S. citizens regardless of age.
The Second Preference includes two sub-categories: one for spouses and minor children of permanent residents; and the other for unmarried adult sons and daughters of permanent residents.
The Third Preference category is for married sons and daughters of U.S. citizens.
The Fourth Preference is for brothers and sisters of U.S. citizens who are 21 years of age or over.
The current wait times for the above categories are listed on the Department of State website and are published monthly. It is a bit complicated to understand so do not hesitate to contact our office so we can assist you in determining which category you fall under and current wait times for each.
Our firm is ready to assist you with filing for your Family Sponsored U.S. Immigration Permanent Residence (Green Card) today. |Call us now at (786) 361-2355 or contact us online to request an initial consultation with an immigration attorney. You may also choose to schedule your FREE 15-Minute Zoom Conference with one of our U.S. immigration counsels today!