Law & Legal & Attorney Immigration Law

Family Immigration Laws

    • Citizens can petition to have their relatives immigrate to the United States.Statue of Liberty image by sival from Fotolia.com

      An American citizen can petition the U.S. government to allow her husband or children to immigrate to the United States to become lawful, permanent residents. The citizen, as long as he is 21 or older, may also petition in the same manner for the immigration of his brothers, sisters or parents. The citizen starts the sponsoring process by filing a Form 1-130, Petition for Alien Relative. If the petition succeeds, the law allows the relative to then apply for a "green card," but he still must pass background checks required for admission to the United States.

    Financial Responsibility Law

    • The law requires the citizen filing the petition to also file a Form I-864, which is an affidavit of financial responsibility, to prove her ability to support the relative. The amount of money the citizen must earn depends on the size of his family. Filing the affidavit makes the citizen legally responsible for all expenses the incoming relative may incur. This guarantees the government that the relative will not become a financial burden to any government welfare agency.

    The Waiting List

    • The citizen may petition for as many family members as he chooses, but must apply separately for each one. There is no waiting list for husband, wife, parent or unmarried child under 21. However, the law places limits on the number of other relatives who can immigrate from the same country each year. So for them, an accepted petition only reserves them a place in line along with other relatives waiting to enter the United States from that country. Sometimes relatives may have to wait several years.

    Relatives Already in the U.S.

    • If the citizen has a relative already in the U.S. who entered legally, he may file a Form I-485 to change that relative's status to a permanent resident. He may file the form at the same time he files the I-130. However, that relative entered illegally he may have to leave the country and apply in the same manner as the other relatives, but possibly with penalties.

    Relatives of Relatives

    • When your relative who is not a parent, spouse or unmarried child under 21 reaches the front of the line, the law allows her spouse and unmarried child under 21 years of age to also apply for an immigrant visa to join them. For example, if you have a married daughter, you can petition for her but not her husband and children. However they can apply for immigration at the same time she does when she reaches the front of the line.

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