Family Immigration*

If you are a US Citizen or Green Card holder (also called a Lawful Permanent Resident or LPR), you can sponsor certain members of your family to immigrate to the United States. You sponsor a family member using the form I-130.

Click here for information about immigration based on a same sex relationship.

Sponsorship by a US Citizen

A US Citizen may sponsor his or her spouse, child, step-child, parent, step-parent, brother or sister.

If you are a US Citizen, you may sponsor your spouse, under-21 year old, unmarried child or step-child, and your parents or step-parents (you must be over 21 to sponsor your parents or step parents). To sponsor a step-child or step-parent, there must have been an adoption lawful under the law of the country where it occurred before the child’s 18th birthday.  If you sponsor one (or more) of the people listed above, there is a visa immediately available for them to come to the United States (or, if they are currently in the United States, to adjust status and get a Green Card). You must still wait for USCIS to process the application.  Usually this takes 9 months to one year. Click here to see the forms generally used to file for an immediate relative who will adjust status in the United States.

WARNING: If your relative did not legally enter the United States, he or she cannot adjust status to get a Green Card.  In addition, if your relative committed a crime or violated the immigration laws, he or she may not be eligible to adjust status.  In this situation, you should consult an attorney.

WARNING: If your child is nearing his or her 21st birthday, you should consult an attorney as soon as possible.  If your child reaches his or her 21st brithday before the application is adjudicated, the process will be greatly delated.

I would be happy to assist you with these situations.  Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

If you are a US Citizen sponsoring your non-married child over 21 years old, the apporximate waiting time is 3.5 years.

If you are a US Citizen sponsoring your married child (and his or her family), the approximate waiting time is 6.5 years.

If you are a US Citizen sponsoring your brother or sister (and his or her family), the approximate waiting time is 14 years.

The waiting times may be longer if your family member is coming from Mexico, India or the Philippines.  Click here to see the exact waiting times.

Sponsorship by a Lawful Permanent Resident

If you are an LPR (Lawful Permanent Resident or Green Card holder), you may sponsor your spouse, children, and step-children.  In some cases, if you are an LPR, it is quicker to obtain your US Citizenship before you sponsor your relative. For more information about this, please contact me at (202) 234-1940 or Jason@LawMavens.com.

If you are an LPR sponsoring your unmarried children under 21 years old or your spouse, the approximate waiting time is 5 years.

If you are an LPR sponsoring your unmarried children over 21 years old, the approximate waiting time is 8.5 years.

The waiting times may be longer if your family member is coming from Mexico, India or the Philippines.  Click here to see the exact waiting times.

Consular Processing

If your family member will obtain the immigration visa in another country, he or she will use Consular Processing, i.e. the US Embassy or Consulate will process the visa application.  If your relative is in the United States and will adjust status here, see the section below called Adjustment of Status.

Shortly before a visa becomes available, the State Department will send you and your relative information about bringing your relative to the United States. You will have to pay a fee and your relative will need to complete an Agent of Choice and Address form (DS-3032).  Once this is completed, the State Department will send you an Affidaivt of Support for your relative (form I-864) and will send your relative an information packet (the packet is different depending on the country where your relative lives).  Your relative will normally need to undergo a medical exam before obtaining an immigration visa to the United States.  Once all the forms are returned and after the medical exam, your relative will receive an appointment for an interview at the US Embassy or Consulate. There, if all goes well, he or she will receive information about how to travel to the United States and get a Green Card upon arrival. Normally, your relative must come to the United States no later than 6 months after the interview at the Embassy.

WARNING: If your relative was unlawfully in the United States for more than 180 days, he or she may be barred from entering the country, even with an immigrant visa.  Also, if your relative is inadmissible for any other reason, such as a criminal arrest or conviction or certain health problems (like HIV or tuberculosis),  he or she may be barred from entering the US.  In these cases, it is possible to obtain permission from the United States to enter the country using the waiver form, I-601. 

I can assist with preparation of the waiver and with all aspects of consular processing.  Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

Adjustment of Status

If your relative is in the United States and will apply for a Green Card here, he or she can apply using the form I-485.  You will need to file an Affidavit of Support, form I-864, for your relative. In addition, your relative will generally need to file a Biographic information form and will need a Medical Examination of Aliens Seeking Adjustment of Status.  Also, he or she may file an Application for Employment Authorization and an Application for Travel Document. Clieck here to view all of the relavant forms.

WARNING: If your relative is unlawfully in the United States, he or she may be barred from adjusting status.  Also, if your relative is inadmissible for any reason, such as a criminal arrest or conviction or certain health problems (like HIV or tuberculosis), he or she may be barred from adjusting status. In these cases, it is possible to obtain permission from the United States governmetn to adjust status using the waiver form, I-601.

I can assist with preparation of the waiver and with all aspects of adjustment of status.  Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

* The information on this website is not legal advice, nor is it intended to be legal advice.  You should consult an attorney for specific advice concerning your own situation.

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