The Houston Guide to Green Cards Family Based
If you are a US citizen or a permanent resident in the US, you will no doubt want to know if your family members can join you in the US. We at RunRex have decided to help you understand where your family members stand on this issue. By doing so, we hope we will make it easy for you to know how to get your family to the US.
Understand the USCIS
The USCIS means the US Citizenship Immigration Services. It is the agency in the US that deals will include all immigrants to the US. It is responsible for setting the rules on Family Based Immigration.
Defining Family Based Immigration
It is a type of immigration, which earns you permanent residency in the US-based on family relations. For this to happen, a US citizen or someone with permanent residency will petition the USCIS, which will then examine the petition.
Who Can Sponsor the Family Member into the US?
For one to be a sponsor they need to a permanent resident legally or a legal US citizen. However, for one to sponsor someone into the US, he or she must meet certain statutory thresholds. For one, he signs a legal affidavit, which says that he or she will support the immigrant financially at a level of at least 125% of the national poverty level. It will continue until the person has been a US Citizen for at least 40 qualification quarters.
Can a Child File a Petition for their Parents?
If you are an immigrant but with a child born in the US, he or she cannot file an immigration petition until he or she reaches 21 years old.
Can a Permanent Resident Bring His or Her Parent to the US?
As a permanent resident, the law prevents you from filing a petition that will ensure your parents come to the US.
Who Can Benefit from a Petition?
For a US citizen, all immediate relatives such as widows, parents, spouses, and the children of the citizen can all benefit from the petition. The children must be unmarried and below 21, and the person must be over 21 to be allowed to petition for parents. When the request succeeds, they can get permanent residency without any waiting time.
What is the Legal Definition of a Sibling?
The US immigration law defines a sibling as a sister, brother, stepsister, stepbrother, or any adopted sister or brother. For you to be considered siblings, you must have been children of the same parent before the age of 16 years for adopted siblings and 18 for stepchildren.
What Do You Need to Start a Petition?
Two scenarios exist for you to start a petition to have someone move to the US:
The immigrant in the US with a nonimmigrant visa needs to have been admitted legally into the US. The sponsor can file a petition while the beneficiary files for an adjustment of status. During the period of review, the immigrant must maintain legal status during their stay in the US.
If the beneficiary is out of the US, a sponsor will file the petition and the USCIS will notify the US consulate in which the recipient stays. Once approved, forms will be sent to the beneficiary to fill in. On the day the beneficiary steps into the US, he or she is now a permanent resident.
What Happens if You Marry a Foreign National after Getting a Green Card?
Since you got married after you become a Green Card holder, your wife will now be eligible for follow-to-join benefits. Thus, you will not need to submit the form I-130. Besides that, he or she will not need to wait for their visa number to come up. You, however, need to fill in form I-824, and the USCIS will notify the US Consulate in the country where you live. Your wife will then be able to apply for the immigrant visa with no wait time.
If the I-824 form is approved, the USCIS will inform the US consulate in the country of your spouse. He or she will be required to contact the US Consulate in their country to go through with the process.
The Fiancé Visa
It is a visa, which is used by someone who plans to go to the US to marry a US citizen. The Us citizen must first file a document with the USCIS. If the petition is approved, the fiancé will receive their K-1 visa at the overseas US embassy in their country. For the permit to be valid, the marriage must take place within 90 days.
Summary
It is just a snippet of the family-based green card option available to US immigrants. To know more, consult a competent immigrant law firm such as RunRex. They will help to ensure that your family based immigration into the US succeeds.