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Families united by permanent residence

Permanent Residence in the United States

The United States within its immigration policies offers families the possibility of staying together when one of their relatives emigrates to that country.

The immigrant’s closest relatives are granted a green card or permanent residence by family ties so that they can also reside in the United States.

Each case is individual, the waiting time to receive the permanent residence of the relative depends on the relationship. To ensure that you properly make this request, it is very important to have the legal advice of an immigration attorney.

The immigration attorney is the person in charge of doing the corresponding paperwork with the USCIS, US Citizenship and Immigration Services. entity that oversees immigration to the United States and approves or denies petitions.

What relatives can a person with permanent residence request?

  • Spouse

People who marry a Green Card holder or permanent resident can emigrate if the marriage is legally constituted under the laws of their country of origin.

Spouses are included in the second preference category, F2A. There is an annual fee for the number of visas issued in this category and applicants must have a waiting period before receiving their Green Card.

  • Unmarried children under the age of 21

According to annual immigration fees, there is a clear difference between unmarried children under the age of 21 and those over the age of 21.

In general, children under the age of 21 can migrate faster because they are in the second preference category (F2). Despite this, there is a waiting period and an applicant may have to wait years before receiving their Green Card. The same conditions apply to adopted children and stepchildren if the marriage took place before the minor reached the age of 18.

  • Unmarried children over the age of 21

Children over the age of 21 must wait longer to obtain their Green Card. These are included in the second preference category, but under subsection F2B.

The same conditions apply to adopted children and stepchildren.

IMPORTANT: there is no possibility for Green Card holders to bring married children, parents, siblings, grandparents, etc. to the United States.

What are the steps of a permanent resident to apply for a relative?

  • The first step is to file the Green Card Application (Form I-130, Petition for a Foreign Relative) with the United States Citizenship and Immigration Services (USCIS).
  • In the petition, you must provide documents such as a birth certificate, proof of family relationship, etc.
  • How quickly USCIS processes the application depends on the relationship of the green card holder to the family member.
  • USCIS will support the request only after they are convinced that the family relationship is authentic.
  • The petition can be rejected if, for example, the US authorities believe that the marriage is not authentic and was only carried out in order for the spouse to obtain permanent residence.
  • If the US authorities suspect, they will invite the couple for an interview and may even visit the applicant’s home for an inspection.

The US Citizenship and Immigration Services (USCIS) is the entity that oversees immigration to the United States and approves or denies petitions. With the help of an immigration attorney you can save yourself unnecessary delays or prevent your family member’s non-acceptance.

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