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What if I am:

• Married to a US Citizen or Green Card Holder?
• The Child?
• The Parent?
• The Brother or Sister?

(858) 375-4566
or Contact us

Married to a US Citizen or Green Card Holder?

If you are married to a US citizen, you have the shortest wait for a Green Card (Legal Permanent Resident Card) of all family based immigration, but your paperwork is the most scrutinized, and you have the highest chance of being rejected. The US Citizenship & Immigration Services ( known as INS) and Consulates watch these cases carefully because there is a high degree of fraud. Unfortunately, this creates a negative impact on all legitimate marriage immigration cases. You and your US Citizen spouse will most likely be subject to an INS interview. Be careful to make sure your filings are in proper order and you have fulfilled all immigration requirements when filing for a USA Green Card based on marriage.

If you are married to a Green Card holder, you are also eligible for a Green Card. You have a wait, however, based on "quota" limitations. Apply as soon as possible to get an early starting date (Priority Date) by the US State Department and, of course, make sure your paperwork is in proper order. If you want to learn more about "quotas," Priority Dates and processing times, click on Time Issues.

If your paperwork and filing is done right by people who know the immigration requirements and procedures, your Green Card will be done the quickest. Our offices can assist in ensuring your case is filed properly, you have fulfilled INS requirements, your paperwork is in order, and your case is processed in the shortest possible time. Let us help you prepare for your BCIS ( known as INS) interview. Contact us to get started.

If your marriage to either a US citizen or a Green Card holder is less than two years, you will acquire a "conditional" Green Card by marriage. After two years is up, the condition must be removed or the Green Card by marriage will expire. Basically, the USCIS (known as INS) wants to review your case to verify that the marriage was legitimate before issuing you a final, permanent USA Green Card. If the USCIS doubts the marriage, then the marriage immigration case will be referred to the USCIS fraud unit and the Green Card can be denied.

If you are in the US on a visitor's visa or other temporary visa and you want to marry, there will likely be complications in applying for a Green Card by marriage. Before taking any further action, we will be glad to advise you on how best to proceed.

Widows and Widowers can also be eligible to apply for Green Cards based on a marriage to a US citizen. These cases are subject to certain limitations by law. Time is important here, so start the process as soon as you can. If this is your situation, Contact us and we will be glad to determine eligibility in your case.

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What if I am the child?

If you are the Child of a US citizen, whether you are married or not, you are eligible to apply for a Green Card through your American parent. If you are under 21 years old then you can come to US as an "immediate relative" with out any waiting period, other than the normal time it will take to process your case. However, if you are over 21 or are married then you will have a wait subject to "quota" limits set by the US State Department. In that case, you will be given a Priority Date and must wait for a few years before you can apply to immigrate to US. In all cases, the process is shortened by filing early, so have us start your paperwork as soon as possible, and make sure it is proper and correct.

In the case of a Stepchild or Adopted Child of a US citizen, you are also eligible to apply for a Green Card through your step or adoptive parent. However, both step and adopted children are subject to certain limitations set by law. If this is your situation, we will be glad to determine eligibility in your case.

If you are the Child of a Green Card holder, you must be unmarried in order for you to be eligible to apply for a Green Card through your parent.

For information on Priority Dates and processing times, please click through to Time Issues or else Contact us and we will be glad to estimate the timing in your case and get you started.

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What if I am the parent?

If you are the Parent of a US citizen, your child may sponsor you for a Green Card to become a permanent resident of the US. The child must be at least 21 years old.

The child can be your blood relative, stepchild or adopted child. However, both step and adopted children are subject to certain limitations by law. If this is your situation, we will be glad to determine eligibility in your case.

If your child by blood was given up for adoption and someone else adopted your child, the child would no longer be able to act as a sponsor for you unless the adoption has been terminated.

If you are the Parent of a Green Card holder you cannot acquire a USA Green Card through your child. The child sponsor must be a US citizen.

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What if I am the brother or sister?

Brothers or Sisters of a US citizen are eligible to immigrate to the US. In addition, the spouse and children may accompany the brother or sister and become a permanent resident at the same time.

Brothers and sisters include step and adopted brothers and sisters of the same parent. However, step and adopted children are both subject to certain limitations set by the law. If this is your situation, we will be glad to determine eligibility in your case.

The only drawback to USA Green Cards for sisters or brothers is that they are subject to a lengthy wait of "quota" limitations. These cases take a long time to process because the US State Department restricts the number of people that can immigrate each year under this category. Please click on Time Issues and check for Priority Dates for more information. In the case of brothers and sisters of US citizens, we recommend starting the Green Card application process as early as possible. The sooner you begin, the sooner you will be able to immigrate to the US.

Brothers or Sisters of a Green Card holder are not eligible for a USA Green Card. The sponsoring sibling must be a US citizen.

Green Cards by marriage or family relations is our specialty.
Contact us for assistance with marriage immigration and other permanent residency issues.