Family Immigration Lawyer
A US citizen or permanent residents can bring their immediate relatives (spouses, children, parents, blood brothers and sisters) as permanent residents to the US. The rationale behind this is family unification. However, a certain number of visas are allotted to each country every year, and the categories determine whether the relatives can come over (or if in the US, adjust for status) immediately or have to wait. The wait is based on a preference system, with the first preference having a shortest wait and the 4th having the longest. Described below are the categories.
NO WAIT: US Citizens’ spouse, parents and children under 21 have no wait time, and can come over or adjust status immediately.
- First Preference: Over 21 unmarried children of citizens
- Second Preference-2A: Spouses, minor children (less than 21) of permanent residents (green card holders)
- Second Preference 2B: Unmarried sons and daughters over 21 of permanent residents (green card holders)
- Third Preference: Married sons and daughters of US Citizens
- Fourth Preference: Brothers and sisters of adult citizens
HOW TO APPLY:
One can file form I-130. The priority date is the date that the I-130 is receipted by the United States Citizenship and Immigration Services. One can file I-485 with the I-130 if the intending immigrant is in the US, and visa numbers are available. Otherwise once the I-130 gets approved one can do consular processing if visa numbers are available, or wait.
Anyone who is not covered by the visa numbers (example parents of green card holders even if your spouse is a citizen, or brothers and sisters of green card holders) cannot apply.
To find out if your visa number is available:
DOCUMENTS NEEDED FOR SPOUSE
- Marriage Certificate
- Birth certificate of sponsor and beneficiary: If you are a sponsor and was born in the USA, follow this link to obtain an US birth certificate: http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm. Foreign birth certificates are obtained in the municipality that you were born in
- Passport, visa and I-94 copy of beneficiary
- Citizenship certificate of Sponsor if applicable
- All prior divorce decrees of both spouse
Please go to www.visatous.com, go to links, go to immigration physical choose a doctor and do the physical. You may need to take with you your vaccine record. The physician has to fill in the form I-693, seal it and give it to you. You need to give that sealed envelop to us, and we send that with your application to the USCIS. No one can see the result, but the CIS. If the physician does not have the I-693, please go to links in this web site, and to Immigration forms, and download form I-693. Please note that from May 01, 2008 a new I-693 form is required for Medical. Please make sure your physician has the new one. Please download the new form and take it with you to the immigration physical.
Petitioner will need one, beneficiary will need 5 or 7 (contact me). The pictures have to be passport-style photos (2”x2”). The photos must be in color with full face, frontal view on a white to off-white back ground. Head height should measure 1” to 1 3/8” from top of hair to bottom of chin, and eye height is between 1 1/8” to 1 3/8” from bottom of photo. Please have pictures cut.
For IRS Tax printouts (Affidavit of support)
Sponsors, please Call the IRS at 1-800-829-1040 and ask them to fax or mail the most recent tax transcript. We need this for the sponsor and joint sponsors is applicable. If beneficiary is filing a household member contract (I-864 A), we need the beneficiary’s tax printout as well. We will need all of this BEFORE we can file. Note: If we are filing after April 15 of a given year, you had to have filed your income taxes for the preceding year. Filing an extension is not enough for United States Citizenship and Immigration Service.
We also need the sponsor’s and joint sponsors (if applicable) W-2 or 1099 form. Additionally if a joint sponsor is involved, we need their proof of US Citizenship (birth certificate or citizenship certificate) or green card.
THINGS TO BRING WITH YOU IN YOUR ADJUSTMENT INTERVIEW
Proof of Cohabitation (especially in marriage based case): As many of these as you can get:
A. Copy of birth certificate of child together
B. Copy of joint mortgage documents
C. Copy of joint rental agreement
D. Copy of joint health insurance
E. Copy of joint car insurance
F. Copy of joint bank account
G. Copy of joint stock certificate
H. Copy of joint credit card bills
I. Copy of joint purchases, example car or furniture or appliances
J. Marriage album and pictures
a. Marriage certificate
b. Birth certificates of both spouses
c. Naturalization certificate for petitioner
d. Divorce decrees for both spouses, if applicable
e. All other documents submitted to the INS, like EAD card, or travel document like advance parole
f. Passport, driver’s license and SS Card for both spouses
If you think the government has your information which you do not have a copy of (eg your previously filed case) , you can get a copy of your records under the Freedom of Information Act (FOIA). You need to file G-639 at the following address:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Fax (816) 350-5785