U.S. immigration law allows U.S. citizens and lawful permanent residents (Green Card holders) to petition for certain family members to immigrate to the United States. The process and timeline depend on the family relationship, the immigration status of the petitioner, and the individual circumstances of the person seeking to immigrate.
Mosko Law assists individuals and families throughout the family-based immigration process, from the initial family petition through permanent residence.
U.S. citizens may be able to petition for:
Lawful permanent residents may be able to petition for:
Some family members are considered immediate relatives of U.S. citizens, while others fall within family preference categories that are subject to annual limits on the number of immigrant visas available.
Spouses, unmarried children under 21, and parents of U.S. citizens are generally considered immediate relatives and are not subject to the annual numerical limits that apply to family preference categories.
Other family relationships are subject to annual limits on the number of immigrant visas available. As a result, some family members may have to wait before they can apply for permanent residence. How long they must wait depends on the family relationship, when the family-based petition was filed, and, in some cases, the country where the family member was born.
Because visa availability changes, the U.S. Department of State publishes a monthly Visa Bulletin showing which cases may be eligible to move forward.
U.S. citizens and lawful permanent residents may petition for their foreign national spouses. Although marriage-based immigration is common, the process is not necessarily simple or the same for every couple.
Couples must generally establish that their marriage is legally valid and genuine and was not entered into solely for immigration purposes. The appropriate process will also depend on whether the foreign national spouse is currently in the United States or living abroad, as well as the spouse’s individual immigration history.
Depending on the circumstances, a spouse may pursue permanent residence through adjustment of status in the United States or through consular processing abroad.
A U.S. citizen who is engaged to a foreign national may be able to petition for a K-1 fiancé(e) visa. A K-1 visa allows the foreign national fiancé(e) to enter the United States for the purpose of marrying the U.S. citizen petitioner.
The couple must marry within 90 days of the fiancé(e)’s admission to the United States. After the marriage, the foreign national spouse may apply for permanent residence.
A spouse who obtains permanent residence based on a marriage that is less than two years old at the time of approval generally receives a two year conditional permanent resident status. Before that status expires, the conditional permanent resident must take additional steps to remove the conditions on permanent residence.
A qualifying family relationship does not always mean that the immigration process will be straightforward. Prior entries into the United States, overstays, unlawful presence, prior immigration violations, misrepresentation, criminal history, previous removal proceedings, or other issues may affect eligibility for permanent residence.
Some individuals may require a waiver or another immigration strategy before they can obtain permanent residence.
Every family and every immigration history is different. Mosko Law evaluates each client’s circumstances to help determine the appropriate path forward and guides clients through each stage of the family-based immigration process.
Contact Us to discuss your family-based immigration matter and how we may be able to help.