What is Family-Based Immigration?

Through family relationships with U.S. citizens or U.S. permanent residents, the family-based immigration process allowed certain people to become U.S. permanent residents.  The U.S. citizen or U.S. permanent resident filing a petition for a family member is called a “sponsor” and the alien relative who benefits from the immigration petition is called the “beneficiary”.

Who is Eligible to Sponsor a Relative for Permanent Residency (or “Green Card”)?

A sponsor must be a U.S. citizen or U.S. permanent resident who is at least 18 years old and generally live within the United States or U.S. territory, with certain exceptions.

What Obligations Do Sponsors Have?

• Sponsors must sign a legally binding affidavit of support for the beneficiary which guarantees that the sponsor shall maintain the standard of living of the beneficiary at a level not lower than 125% of the national poverty level.

• Continuing until the beneficiary naturalizes or has worked in the U.S. for 40 qualifying quarters (or approximately ten years), this obligation is legally enforceable as a contract and may be used in family law cases for spousal maintenance and support.

Which Relatives May I Sponsor as a U.S. Citizen?

As a U.S. citizen, you may petition for your:

• Spouse;
• Children, regardless of marital status and age;
• Sibling if you are at least 21 years old and/or;
• Parent if you are at least 21 years old.

Which Relatives May I Sponsor as a Permanent Resident?

As a U.S. Permanent Resident (or “Green Card” holder), you may petition for your:

• Spouse and/or
• Unmarried children.

What is a Fiancé(e) Visa?

Otherwise known as a “K-1” visa, a fiancé(e) visa enables a foreign citizen to enter the United States to marry a U.S. citizen. READ MORE >>

What is a Conditional Green Card?

A beneficiary’s permanent resident status is conditional if it is based on a marriage that was less than 2 years old on the day that the beneficiary became a permanent resident; conditional permanent resident status is given when the beneficiary is either admitted to the U.S. on an immigrant visa or adjusts the beneficiary’s status to that of a permanent resident. READ MORE >>

May a U.S. Citizen Child Petition For Parents to Obtain Permanent Residency?

A U.S. citizen child may only petition for permanent residency for his or her parents upon reaching his or her 21st birthday.

How Does the Permanent Residency Process Begin for My Spouse Who is Outside of the U.S.?

A petition is filed with U.S. Citizenship and Immigration Services (USCIS), requesting that USCIS notify a U.S. Consulate in the country where your spouse lives. READ MORE >>

How Do I Find Out When Visas Become Available?

Publicly available at the Bureau of Consular Affairs of the U.S. Department of State, current and upcoming visa bulletins reflect visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. 

Can My Foreign Relative Attend Public School in the U.S.?

There are limitations and requirements under U.S. law related to foreign students in F-1 status attending public secondary or high schools (grades nine through twelve):

• Secondary school attendance is limited to 12 months. READ MORE >>

How Do I Become a U.S. Citizen?

U.S. citizenship may be acquired by birth, through naturalization, or military service:

• Those born in the U.S. or to U.S. citizens may be considered citizens by birth; READ MORE >>

What is the H1B Visa to Permanent Residency (or “Green Card”) Process?

One of the most popular work visas in the U.S., the H1B visa is a dual-intent visa with a duration of stay up to 6 years (initial duration of stay of 3 years with an extension) with certain exceptions. READ MORE >>

What is the Deportation or Removal Process?

“Deportation” is the formal removal of a foreign national from the United States for immigration law violation. READ MORE >>

What is Unlawful Presence and Bars to Admissibility?

Unlawful presence is the period of time when a foreign national is in the United States without being lawfully admitted or paroled or not in a period of stay authorized by the Secretary of Homeland Security. READ MORE >>

What is Special Immigrant Juvenile Status?

“Special Immigrant Juvenile Status” is an immigration classification available to certain undocumented immigrants under the age of 21 who are in the United States and who have been neglected, abused, or abandoned by one or both parents; this classification allows the foreign national child to seek lawful permanent residence in the United States (otherwise known as “Green Card”). READ MORE >>

What are Some of My Rights as an Immigrant?

You have the right to remain silent though some states may require you to provide your name if asked to identify yourself by a law enforcement officer. READ MORE >>

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