Legal Guide

Family Immigration - Immediate Family Members of a US Citizen

Family immigration is a process for the immediate family members of a U.S. citizen. These relatives include spouses, children, and parents. Children must be under the age of 21 and unmarried. These children can be biological or adopted. Spouses must be legally married and the immigration authorities will look at various factors to determine whether the marriage is legitimate.

Immediate relatives

Immediate relatives of a family member may qualify for an immigration visa. The requirements for this category are different from other types of immigration. For example, an unmarried child under 21 can be considered an immediate relative. Parents of a citizen over 21 can also apply as an immediate relative. Another benefit of this category is that stepchildren may qualify for lawful permanent residency.

Immediate relatives of a family member can also obtain a green card by applying for a sponsorship. However, this process is complicated and can take years. The sponsor must prove that the individual is related to the sponsor and the family member must have a US citizenship. Sponsored relatives can also qualify for permanent residency, but their spouses cannot.

Dependents

Dependents of family members can apply for immigration to the United States as long as they can provide sufficient financial support. If they can't, they must fill out Form I-539 and file it with USCIS. This status does not limit them from studying or working, but they must have health insurance. They can also apply for employment authorization from USCIS. It's important to note that without a valid employment authorization card, a J-2 dependent cannot work.

Unmarried children

Under family immigration law, an unmarried child of a U.S. citizen may apply for a green card on his or her parent's behalf. However, in order to qualify, he or she must be at least 21 years of age and not have been married or divorced. In addition, they must not have any dependent children, which means they are no longer considered an immediate family member.

The law defines a child as an individual under 21 years old, and an adult is a person who is older than 21 years old. This distinction has important implications for eligibility under the family immigration process. However, children are not limited to biological relations; parents can also petition for adopted and stepchildren. Children born out of wedlock can also qualify under the family immigration law, a qualified Family Immigration Attorney can help you clarify any doubts you may have during the process..

Siblings of U.S. citizens

If you are a U.S. citizen, you may sponsor a sibling who lives outside of the country. To sponsor your sibling, you must file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS) on your sibling's behalf. Your sibling will need to apply for a visa, and the U.S.CIS will review and approve the application before it will become a valid visa. Upon approval, you will receive a packet 3 from the U.S. State Department, which your alien sibling must fill out before applying for a visa.

In addition to applying for a green card, your sibling can also adjust their status in the U.S. while in the country on a valid visa. This allows your sibling to apply for a green card without leaving the country. However, if your sibling is in the country illegally, they cannot obtain a tourist visa, which can cause the green card application to be denied.


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