Family Based Immigration
Whether it's a matter of a US citizen petitioning for their siblings or for their elderly parents abroad, we handle the whole spectrum of cases and some of the inherent complications that can arise if cases aren't timed or prepared properly.
Green Cards for Parents of US Citizens
US citizens are entitled to petition for Permanent Resident status for their parents as immediate relatives. We have worked with many petitioners who wish to bring their elderly parents from abroad and we have successfully guided the entire process which is why the following considerations are important:
Have any of the foreign national parents overstayed on previous visits to the US?
How soon the foreign national parents can tie up loose ends in their home country;
Do the foreign national parents have a visitor’s visa?
Can the foreign national parents stay in the US for at least six months without leaving the US?
The above factors are the kinds of issues that may affect whether the foreign national parents should go through US Consulate processing in their home countries or adjustment status in the US.
We take a special approach to these cases as it's a privilege for us to be part of this journey.
Green Cards for Siblings of US Citizens
US citizens are permitted to petition for their siblings abroad, although a limited number of these visas are available each year, which is why the wait is so long for foreign national siblings to receive their Green Card. One generous feature of this right to sponsor siblings is that the sibling may bring with them their spouse and their children under 21. Our advice is to always get this process started as soon as possible due to the current political climate and the fact that there is always a threat of the dependent children of the sibling aging out as discussed below.
What can I do?
If you are a parent hoping to get your son or daughter a Green Card through their relationship to you, there are a few things you can do. First, check to see if your children are already citizens by operation of law. The law about when children become citizens is complex and you should check with an immigration attorney. Second, after you get your Green Card, as soon as possible thereafter, file a petition for them. You should try to do this before your child turns 21. Third, if possible, become a US citizen before your children turn 21.
All these steps can help you preserve the ability of your foreign-born children to get their Green Cards as quickly as possible. Doing this is not a guarantee of success though. Every case is different and if you have questions, you should talk to an immigration attorney.