Family & Marriage

Family & Marriage 

If you are a U.S. Citizen or Legal Permanent Resident, you may be eligible to petition for your family members to immigrate to the United States. Depending on your level of relation, the process may be faster or slower. Call our office for a consultation to get more information about the process and the current timeframes.

Below is a list of the family petitions available to U.S. Citizens and legal permanent residents.

1) U.S. Citizens:

• Spouse: U.S. Citizens can petition for their spouses to obtain their lawful permanent resident status, or “green card” through a marriage petition. You must be able to demonstrate that you entered into the marriage in “good faith” and not for immigration benefits, and that you would be able to financially support your spouse until the time they become a U.S. Citizen. Depending on whether your spouse is currently in the United States or outside, the process varies.
• Parents: U.S. Citizens can petition for their parents who are currently in the United States, or outside. If they are currently inside the U.S., the process varies depending on how they entered the country (legally or illegally).
• Unmarried child under 21 years old: U.S. Citizens can also petition for their unmarried children under 21 years of age. The process for an unmarried child under 21 years is much faster than the other three categories discussed below. Depending on the age of your child when you became a U.S. citizen, your child may also be eligible to acquire direct citizenship from you.
• Unmarried child over 21 years of age: As a U.S. citizen, you are also eligible to petition for your unmarried children over the age of twenty-one. However, due to the fact that these petitions are considered a “lower preference” – there are only a certain number of visas issued under this category per year, thus resulting in backlogs. The U.S. Department of State has a Visa Bulletin that is updated monthly that gives the processing timeframes for these preference categories.
• Married children over 21 years of age: Similarly, you can also petition for your married children, and include their family members in the process as well. However, this category has an even lower preference than the one discussed above, and therefore takes longer.
• Siblings: U.S. citizens can also petition for their siblings. This is the lowest preference category and takes the longest of all of the “preference” categories listed on the Visa Bulletin. However, it is still an option for many who do not have other avenues for emigrating.

2) Legal Permanent Residents:

Legal permanent residents (or LPRs) also have options for petitioning for family members, although not as many as U.S. citizens have. LPRs can petition for the following family members: 

• Spouses
• Unmarried children (under or over 21)

 Depending on how long you have been a LPR, you may qualify for citizenship, and thus be able to broaden your options for family petitions. Call our office for a consultation to see if you are eligible to apply.