Petitioning for an Immediate Relative to Immigrate to the U.S.
U.S. citizens and permanent residents have the ability to petition for relatives to immigrate to the United States. Because there is such a demand for immigration, many petitions are backlogged and are on a waiting list for a visa to enter the country. U.S. citizens have a better chance than permanent residents of having a relative quickly approved, and family members of U.S. citizens are immediately granted a visa if they qualify as an immediate relative. They therefore are not subject to the backlog and wait list that other relatives must undergo.
Petitioning for a Spouse
According to the Immigration and Naturalization Act, spouses qualify as one of the three classifications of immediate relative. A U.S. citizen may petition for his or her foreign-born spouse to immigrate to the United States, whether he or she is currently staying within the U.S. or abroad. Once the spouse is granted a visa, she or he may apply for classification as a U.S. permanent resident.
If the couple has been married for less than two years, the spouse will first be issued a conditional green card, which can be updated to a green card without conditions after two years. While the spouse is waiting for the petition to be processed, she or he can file a K-3 visa application to be admitted to the U.S. until the petition is approved.
Petitioning for Children or Parents
U.S. citizens with foreign-born children may petition to have any unmarried child under the age of 21 admitted to the U.S. Likewise, U.S. citizens age 21 or older can sponsor a foreign national parent to enter the U.S. However, to have a parent admitted, the child must show that she or he can financially support his or her parents. If she or he cannot, the petition may be denied. Parents who require support that the child cannot provide are considered a financial risk for the country.
Contact Us
For sound legal advice and information regarding the petition process for an immediate relative, contact the experienced Orange County immigration attorneys of Garg & Associates, P.C. today at 949-540-6704.
