Family Based Immigration

    Certain non citizen family members of U.S. citizens or legal permanent residents can follow their family members here to the United States and obtain a green card, or lawful permanent resident status.  The U.S. citizen or legal permanent resident usually must sponsor the non citizen family member.  There are exceptions to this rule, most commonly, when the non citizen spouse has been battered by the U.S. citizen, or where the U.S. citizen is deceased. 

    The U.S. citizen or legal permanent resident files a petition (supported by documentation and evidence) with USCIS.  If USCIS approves the petition, the non citizen family member may then apply for permanent residence at a U.S. consulate (if the non citizen family member is outside the U.S.) or apply to change his or her status to become a legal permanent resident with USCIS (if they are inside the U.S. on a visa). 

    Family members of U.S. citizens and legal permanent residents are treated differently depending on their relationship to the U.S. citizen or legal permanent resident.  Spouses, unmarried children under 21, and parents of U.S. citizens are considered immediate relatives, and are immediately able to immigrate to the U.S. if they otherwise qualify. 

    Those family members that are not considered immediate relatives may still be eligible to immigrate to the U.S., however, there may be substantial waiting periods before the family member can actually become a legal permanent resident.  It is common for family members to have to wait for many years depending on their relationship to the U.S. citizen or legal permanent resident and which country they are currently a citizen. 
   
    Eligible family members include:
  1. Immediate - Spouse, unmarried children under 21, and parents of U.S. citizen
  2. 1st Preference - Unmarried children of U.S. citizens that are 21 and older
  3. 2nd Preference - Spouse & unmarried children under 21 of permanent residents
  4. 3rd Preference - Married children of U.S. citizens
  5. 4th Preference - Brothers and sisters of U.S. citizen
    Green card holders enjoy many benefits in the United States.  It is also the pathway to citizenship, which also has many benefits.  It is important to consult with an attorney to make sure you take the most appropriate actions to accomplish your immigration goals for your family members. 

Call Shorstein & Lasnetski at 904-642-3332.