Immigration Through a Family Member
Green card holders married to non-U.S. citizens are unable to legally bring their spouses (or families) to join them in the USA. The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States. Due to numerical limitation on the number of these visas which can be issued in one fiscal year, such visas can take up to five years to be approved. In the interim, the spouse may find it difficult to overcome presumed immigrant intent in order to qualify for a non-immigrant (or tourist) visa. This puts a Lawful Permanent Resident in a uniquely disadvantaged situation:
- visitors and non-immigrants coming to the USA on temporary visas for work, business, or study (including H1, L1, B, and F1 visas) can sponsor their dependent spouses to travel with them;
- U.S. citizens can sponsor their spouses to come to the USA in non-immigrant status; the spouse can then convert to an immigrant status under the Legal Immigration and Family Equity Act of 2000 (the "LIFE Act").
Immigration through a family member can be accomplished via several options:
1. Relatives of U.S. Citizens
- Spouse
- Unmarried child (who is under the age of 21)
- Unmarried stepchild (who is under the age of 21)
- Adopted child (who is under the age of 21)
- Parent or stepparent
- Unmarried son or daughter (over the age of 21)
- Married son or daughter (any age)
- Brother of sister
2. Relatives of Green Card holders
- Spouse
- Unmarried child (under the age of 21)
- Unmarried stepchild (under the age of 21)
- Adopted child (under the age of 18) or
- Unmarried son or daughter (over the age of 21)
This is just a small portion of information and the extent of complexity of green card issuance. Green Card processing can be extremely difficult and confusing. If you would like the assistance of an experienced immigration lawyer, please contact or call Mikin Law Firm at 1-415-601-0210 to schedule a consultation today.
Legal Disclaimer
Content on this site is intended for generalized information reasons. It may become out of date at any time due to changes in the law. It is not intended to offer case-specific legal advice nor should it be deemed valid or accurate for that reason. If in fact you have an exact immigration related legal issue, we recommend you consult with an experienced immigration attorney or immigration lawyer. There exists disclaimers throughout our website stating that we are not an official U.S. Government website.
Contact San Francisco Immigration Lawyer Marko Mikin.
Copyright © 2009 Marko Mikin, Attorney at Law. All rights reserved.
