Immigration

Frequently Asked Questions


        


Who can petition for a family member?


1. U.S. Citizens; and


2. Lawful Permanent Residents (Green card holders)



Who is considered an “immediate relative”?


1.         Spouses of U.S. citizens;


2.         Parents of U.S. citizens, the petitioner must be at least 21 years old; and


3.         Unmarried children of U.S. citizens, the child must be under 21 years old.


 

What relatives are subject the Visa Bulletin?


a.   Unmarried sons or daughters of a U.S. citizen


b.   Married sons or daughters (including spouses and children) of U.S. Citizen


c.   Spouse and children (under 21) of lawful permanent residents


d.   Unmarried sons or daughters (over21) of lawful permanent residents


e.   Brothers or sisters (including spouses and children) of a U.S. citizen.



Do I qualify for naturalization?

You may qualify for naturalization if you meet the following:


            a. 18 years old or older;


             b. A permanent resident for at least 5 years (depending on how you obtained status;


            c. A person of good moral character;


d. Have a basic knowledge of U.S. government (you will have to pass a civics exam;


e. Have a period of continuous residence and physical presence in the United States;


f. Be able to read, write, and speak basic English. There are exceptions to this rule, for  someone who, at the time of filing is:


1.  55 years old and has been a permanent resident for at least 15 years; or


2.  50 years old and has been a permanent resident for at least 20 years; or


3.  Has a permanent physical or mental impairment that makes the   individual unable to fulfill these requirements



Am I eligible for a green card?


You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions.


Even if you are in removal proceedings, there may be a possibility for you to obtain your lawful permanent residency card through cancellation of removal, whether or not you are currently a lawful permanent resident. 


I just got engaged.  How do I help my fiancé obtain or adjust status?  


For a fiancé visa, you must show the following:


a.         You (the petitioner) are a U.S. citizen;


b.         You intend to marry within 90 days of your fiancé (e) entering the United States;


c.         You and your fiancé (e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment;


d.         You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver, which include:
1. When the requirement to meet would violate strict and long-established customs of your or your fiancé’s foreign culture/social practice;

           2. If you prove that the requirement to meet would result

            in extreme hardship to you.   

 

* If your fiancé has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. 


      
aila_2014.png