Keeping families together.

Family-based Immigrant Visas

Family-based immigrant visas depend on a family relationship between the sponsor and the beneficiary.  A sponsor must be either a U.S. citizen or a legal U.S. permanent resident.  A beneficiary must be admissible to the U.S.  The majority of admissibility criteria focus on health, past criminal convictions and unlawful/illegal presence in the U.S.

Petitions for Alien Relatives

U.S. citizens may sponsor a spouse, parents, sons/daughters over and under age 21 (married and unmarried) and siblings for a green card. 

Permanent residents may sponsor a spouse, children under age 21 and unmarried sons/daughter over age 21. 

Step-children qualify as a son/daughter if the marriage occurred prior to the child’s 18^th birthday.

To sponsor a relative, you must have a household income at least 125% of federal poverty guidelines.  If you do not meet the income requirements, a joint sponsor will be needed.  

Waiting times for a green card vary depending on the citizenship status of the sponsor and the relationship between the sponsor and the relative.  A spouse, children under 21 and parents of a U.S. citizen have immediate visas available and usually arrive within a year after the application is filed.  Other relatives much longer.

Adjustment of Status (AOS)

If you entered the U.S. on a visa and married a U.S. citizen here in the U.S., you may be eligible to get a green card through adjustment of status (AOS) even if your visa has expired.  If you are eligible for AOS, you have your immigration interview here in the U.S., not in your home country.

When you file for AOS, you can file for an employment authorization card as well and will be authorized to work within approximately 90 days.  If you want to travel outside the U.S. while going through adjustment of status, you must have an advance parole travel document, which takes 60 days to process.

It usually takes about 5-7 months to get a green card through AOS.

Typically people who entered the country illegally are not eligible for AOS with one exception: a relative (or employer) filed a petition for them before April 30, 2001.  This is known as having 245(i) protection. 

Consular Processing (CP) For Relatives Not Present in the U.S.

If the relative you want to sponsor is outside the U.S, they will get a green card through consular processing, i.e. by going to the U.S. consulate closest to their home to have their immigration interview.

Consular Processing for Relatives Who Entered the U.S. Illegally

If you entered the U.S. illegally and married a U.S. citizen here in the U.S., you may be eligible to get a green card through consular processing (CP).  If you are eligible for CP, you have to go back to your county of nationality to get the green card.  You will not have to go back to your country until the week prior to your interview.

When you go for interview, you will be denied a green card because you are inadmissible to the country.  Typically that inadmissibility is solely because you lived in the U.S. illegally for more than a year, but could also be for other reasons.

You may be eligible for a waiver to the inadmissibility.  You file the waiver application after being denied a green card.  In the waiver application, you must show how your absence from the U.S. is an extreme hardship to your U.S. citizen or legal permanent resident spouse. The waiver can take up to a year to process and you must remain outside the U.S. that entire time.

VAWA Petitions

Domestic violence is a serious problem among immigrant communities.  Many immigrants who are being abused are reluctant to report domestic violence to the authorities for fear that their abuser will withdraw an immigrant visa application.  Many are economically dependent on their abuser and are handicapped in their ability to enter the workforce to support themselves, either because they have limited English or because they do not have work authorization. 

If you are a victim of domestic violence and are married to a U.S. citizen or a legal permanent resident, you are eligible to apply for a green card without sponsorship by your spouse through a VAWA petition.

The VAWA petition is not just for women or wives. A husband, child or parent may seek a VAWA petition on proof that they are victims of domestic violence committed against them by a U.S. citizen or legal permanent resident relative. 

Blackwell Law Group, S.C. ●  1572 East Capitol Drive, P.O. Box 11431 ● Milwaukee, WI 53211 ● (414) 964-1900

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.