Bringing your family to the United States is exciting; time-consuming; costly and life-changing event. Our goal is to make the process as simple and stress-free as possible. Attorney Anderson is devoted to helping you and your family so that you do not need to worry. Our office has helped countless families with even the most complex immigration legal matters. We are dedicated to meeting your needs when it comes to immigration representation and we approach each and every case with the highest ethical standards.

US immigration law allows certain non-citizens who are family members of US Citizens and lawful permanent residents (Green Card holders) to become lawful permanent residents (obtain a Green Card) based on those family relationships.

Therefore, if you are a US Citizen or an LPR, you may sponsor certain family members to become Green Card holders/LPRs.

Under U.S. immigration laws, immediate relatives include:

• Spouses of US citizens (This includes same-sex spouses)
  • Unmarried children of US citizens who are under 21 years of age
  • Parents of US citizens when the US Citizen is at least 21 years of age

Immediate relatives are permitted to obtain Green Cards without any quota restrictions. As a practical matter, most immediate relatives are able to become permanent residents within or just over a year.

The US Citizen must petition for each immediate relative individually.  For instance, if a US Citizen marries someone with a young child, the US Citizen must submit two separate I-130 petitions to USCIS and, if adjusting status from within the US, each of the beneficiaries (spouse and child) must submit a separate Adjustment of Status applications package.

It is important to note that if a spouse based petition is based upon a marriage that is less than two years old, the spouse and any applicable children will receive two years conditional Green Cards. Conditions must be removed in order to receive permanent (10 years) Green Cards.

If you are a widow or widower of a US Citizen, you may be able to apply for a Green Card based on the relevant marriage. Contact us or see Green Card for Widow(er)s for information about how to apply.

If you are a US Citizen and your immediate family member is currently in the US, contact us about adjustment of status. Be aware that neither unlawful employment nor unlawful presence is a bar to adjustment of status for immediate relatives of US Citizens. If you plan to sponsor your family member for a Green Card, it is important that they remain in the US. They cannot depart and then reenter, on a non-immigrant visa, with the intent to remain in the US.

When one enters on a non-immigrant visa, they are making a legal promise to leave at the end of their authorized stay. Therefore, entering, on a non-immigrant visa, with the intent to remain, is immigration fraud. This can and does lead to denied entry; revoked visas; deportation and bans on re-entry.

If your family member is currently outside the United States, contact us or see Consular Processing for information about how to apply for a Green Card as an immediate relative.

If you are a US Citizen but your family member is not considered an “immediate relative,” or you are an LPR, you may be able to sponsor your relative under the family-sponsored preference system. The family-sponsored preference system is limited to close family members of U.S. citizens or LPRs as follows:

First:

Unmarried adult children of U.S. citizens;

Second (A): Spouses and minor children of LPRs

Second (B): Unmarried adult children of LPRs

Third: Married adult children of U.S citizens; and

Fourth: Brothers and sisters of U.S. citizens.

It takes an average of 15 years for a sibling to be able to travel to the US under the family preference category.

Other close and extended family members are not eligible to immigrate to the United States under the immediate relative or family-based immigration system.