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 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 inside 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.
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?
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When I can file I-130 and Green Card Application at the same time?
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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 at 212-966-8529 for creative solutions to your complex immigration problems. The Green Card process is very complicated, so the best chance of success comes by 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.
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She was perfect! It was such a luck to have Julia Greenberg referred to me by my acquaintance. She is the most caring and helpful attorney I have ever worked with. She is very professional and knowledgeable in the immigration law, and she gave me great advice! I appreciate most that she is always available by phone or returns missed calls shortly – this is something that many attorneys in NYC do not do or have their assistants do who never give the correct answer. I approached Julia to help me prepare for my citizenship interview since I had, frankly speaking, not an easy case, and she did the best job I could expect. I could not imagine how my interview would have gone without her; her support was significant! If I ever have a question about any immigration matter I would definitely ask Julia for help again. Awesome
Anya Shapkina on July 6, 2017
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Immigrating to the U.S., even when you have a family member who is a Citizen or a Legal Permanent Resident, known as an LPR (has a green card), is tricky. There is a lot of information to navigate, but we are your one-stop shop. There are caps (numerical limits) on...read more
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