The Immigration and Nationality Act sets out the categories for Family visa sponsorship. The Immediate Relative category is where U.S. Citizens sponsor their parents, spouses, or unmarried children under 21 years of age. There is no limitation to the number of Immediate Relative immigrant visas that can be granted in a year, so there is […]
I know that it could take 10 months or more for my parents to process through a U.S. Consulate to get their green cards. If I bring them here on visitor visas can they file for Adjustment of Status? Will processing be faster?
While the Adjustment of Status process through USCIS can be substantially shorter than processing through a U.S. Consulate, not all persons who come to the U.S. on visitor visas are allowed to file for Adjustment. An individual using a visitor visa to enter the U.S. must have an intention not to remain permanently in the […]
If I file a Visa Petition for my married son, do his wife and children also get green cards?
Yes, in most cases dependents of the primary alien will also be given green cards. There may be special rules for children who become 21 before the visa interview. In some cases they “age out” and are no longer considered dependents. The Child Status Protection Act (CSPA) in some cases may allow older children to […]
I married a woman who entered the U.S. without a visa. Can she file for Adjustment of Status with USCIS or will she have to go to a consulate?
The answer to this question will depend on many things and there is no one answer for all cases. There are various laws and regulations that will determine if the case is eligible for an Adjustment of Status or if the case must be processed at a consulate. You will need to consult with one […]
I want to sponsor my parents, but I do not make much income. Is this a problem?
A person filing the I-130 Petition for Alien Relative must also file an Affidavit of Support for the person or persons sponsored. You are required to make $125% of the U.S. Poverty Guidelines to file the Affidavit of Support. The Poverty Guidelines are a sliding scale based on the number of persons in your household […]