Family and Marriage Immigration FAQs
1. If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
2. My spouse is a legal permanent resident, how long do I have to wait to get my legal documents?
3. My relative was stopped at an airport (in any U.S. city) and released to my custody, what are my responsibilities and what does my relative have to do?
4. If I am a legal permanent resident, can I file a fiancé petition for my future spouse who is outside of the U.S.?
5. How do I determine what family residency visa category I qualify for?
6. Will I be able to get my green card through my brother/sister who is a U.S. citizen? How long will it take?
U.S. Citizens can apply for a resident petition (first step in the green card process) for their siblings. However, the applications that have a priority date which is current are almost 12 years old (as of 2008), and new applications are estimated to take even longer (approximately 17 years).Whether someone actually receives their green card depends upon many factors. An applicant for a green card is examined by the U.S. government after the resident petition application has been approved (during the final step in the green card process—the I-485 or DS-230 applications) and the priority date is current (see Visa Bulletin— category family sponsored preference 4th preference) and they take into consideration factors such as immigration status, health, criminal history, etc. in determining whether or not an individual will ultimately be granted a green card.
7. If a marriage petition was filed on my behalf by my spouse, but we are currently in the process of obtaining of divorce, can I still pursue my marriage petition?
8. If I visit my U.S. citizen spouse on a tourist visa, but overstay that visa and we get married in the U.S., can I adjust status as an immediate relative or spouse of a U.S. citizen?
9. I am currently married to a spouse who is outside the United States, what is the process to bring her/him to the U.S.?
10. Is there anything I could do to speed up the process of having her/him come to the U.S.?
The information contained here is general in nature and it may not necessarily apply to all situations. It is also subject to change at any point in time. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.