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1. If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
If you have a U.S. citizen child, you can obtain legal status in two circumstances:
2. My spouse is a legal permanent resident, how long do I have to wait to get my legal documents?
Your spouse can apply for your residency immediately; however, you will have to wait approximately 5 years to receive your immigration documentation. Visit the Visa Bulletin published by the Department of State, which shows what year the waiting list is currently processing for the different visa categories.
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?
Your responsibility as the “sponsor” is to ensure that your relative appears in court on the date designated by the court, because otherwise you will lose the money you paid to secure your relative’s release. If the relative does not appear in court, there is no other risk or penalty for the sponsor. The relative who has been released must appear at all court sessions assigned to them.
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.?
No. Only American citizens can petition for a fiancé. As a lawful permanent resident, you can file an application for a spouse outside the United States; however, this takes around 5 years or more.
5. How do I determine what family residency visa category I qualify for?
The visa categories are determined by four characteristics. First, the immigration status of the resident or citizen petitioner; second, the family relationship; third, the age of the beneficiary or foreign national; and fourth, the marital status of the beneficiary. The categories are defined according to these characteristics in the Visa Bulletin.
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 18 years old, and new applications are estimated to take even longer.
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?
Whether or not a marriage‑based petition can continue while the couple is in the process of divorce depends on the process that was used to file the original marriage‑based residency application and on what stage the process is in. For example, an I‑751 (application to remove the conditions on permanent resident status) can be filed before and after a divorce proceeding. An I‑130 (petition for a relative) with an I‑485 (application to adjust status to resident) can be continued under certain circumstances, such as when the I‑130 has been approved and only the I‑485 remains pending. A couple is “married” until their divorce is adjudicated. However, being able to continue a process is different from having it approved. The factors or circumstances that led to the separation or divorce may cause the immigration department to deny the petition. This is something that an experienced immigration attorney should carefully review to give you a legal opinion.
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?
Yes, you can adjust status to permanent resident of the United States if you enter the country with a tourist visa and marry a United States citizen. Section 245(c) of the Immigration and Nationality Act provides an exception for people who find themselves in this situation.
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.?
To bring your wife/husband to the United States, you must file Form I‑130 with the appropriate USCIS service center. Once this is approved, Form I‑864 (affidavit of support) and the DS‑230 application must be filed with the National Visa Center or with the Consulate office, as required by the government.
10. Is there anything I could do to speed up the process of having my spouse come to live with me in the U.S.?
There is nothing that can be done to speed up the process; however, using the help of a qualified immigration attorney to prepare and file the applications without errors and with complete and proper supporting documentation helps prevent unnecessary delays.
IMPORTANT NOTE
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.
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