SPOUSE, MINOR CHILDREN AND PARENTS
For the sake of keeping families together, U.S. immigration law provides an unlimited number of visas for qualifying immediate family members of U.S. citizens who petition on their behalf.
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After approval of the application of the US citizen, the spouse, as well as children under the age of 21, who are not married, can immigrate to the United States. Due to the special immigration priority and an unlimited number of visas in this category, close relatives of a US citizen are not included in the waiting list for immigration. The current place of residence (in the US or outside the US) is a relative of a US citizen does not matter. In the name of preserving the family unit, U.S. citizens are allowed to petition for foreign-born family members to also live permanently in the United States. Following a successful petition by the U.S. citizen, his or her spouse and unmarried children under the age of 21 years can immigrate to the U.S. Related form I-130, Petition for Alien Relative.
WHO IS ELIGIBLE?
Eligibility as Sponsor. 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 U.S.
Eligibility as Immediate relatives of U.S. citizens. Due to special immigration priority and an unlimited number of visas in this category, these immediate relatives do not have a waiting list to immigrate. It doesn’t matter if the citizen’s relative is currently living in the U.S. or overseas. Whether they are currently living in the U.S. or still living overseas, the following immediate family members of U.S. citizens can be the beneficiary of a visa petition:
- A spouse
- Unmarried child(ren) less than 21 years of age
- Parent(s) -if the U.S. citizen petitioner is 21 years of age or older.
Also, see Form I-485 here and Form I-131 here Was your Form I-130 already Approved? Immigration Eligibility and Other Preference Categories:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), 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.
How long does it take for the I-130 to be approved?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5-12 months for Immediate Relatives and could take several years for Family Preference Categories.
What happens after your I-130 gets approved?
After approval of an I-130, USCIS will send the file to the National Visa Center (NVC) and will coordinate the case transfer for consular processing in the U.S. consulate in the country where foreign relatives reside.
How much does it cost to file an I-130?
The filing fee for the I-130 petition is currently $535. You may pay the fee with a money order, personal check, or cashier’s check.
When I can file I-130 and Green Card Application at the same time?
When the Sponsor submits Form I-130 together with Form I-485 it’s known as “concurrent filing.” This type of adjustment is an option when there is an immediately available immigrant “visa number” and the immigrant entered and living in the U.S. in lawful status and is eligible to use adjustment of status as an application procedure.
Contact Attorney Igor Litvak
Call today for a consultation
Zontlaw attorneys have provided assistance with the green card process to families throughout the United States. Contact our experienced immigration lawyers in New York City today for creative solutions to your complex immigration problems. The Green Card process is very complicated, so the best chance of success comes from working with an experienced attorney. Our attorneys, translators, and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart-wrenching the process can be, and we will be with you every step of the way. Your citizenship or your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys toll-free at 1-888-ZONTLAW / 1-888-966-8529.
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