Legal Help to Petition for a Family Member’s Permanent Residency
A family-based immigration petition allows U.S. citizens and lawful permanent residents to petition for certain eligible family members so they may seek permanent residency in the United States. The process can vary depending on the family relationship, age, marital status, country of origin, and the immigration history of the beneficiary.
How can you help a family member become a permanent resident?
As a U.S. citizen or lawful permanent resident, you may be able to sponsor certain family members through an immigration petition. To do this, you generally must prove the qualifying family relationship and show that you have enough income or assets to financially support the family member who wishes to immigrate.
Which family members can you petition for?
U.S. Citizens
A United States citizen may file a petition for:
- Husband or wife
- Unmarried or married children
- Parents, if the citizen is 21 years of age or older
- Brothers or sisters, if the citizen is 21 years of age or older
Permanent Residents
A lawful permanent resident may petition for certain family members, including:
- Husband or wife
- Unmarried children under 21 years old
- Unmarried children over 21 years old
Immediate Relatives
Spouses, parents, and unmarried children under 21 of U.S. citizens receive special consideration because they are generally not subject to a waiting list for visa availability.
What does a family petition do?
Filing a family petition does not automatically grant permanent residency, work authorization, or permission to live in the United States. The petition helps establish the family relationship and, if approved, may place the family member in the proper immigration category.
In some cases, the family member may continue with adjustment of status inside the United States. In other cases, consular processing outside the country may be required. The right strategy depends on the specific facts of each case.
General Process for a Family Petition
Case Evaluation
The family relationship, immigration status, entries, exits, prior history, and possible risks are reviewed.
Evidence Preparation
Documents are gathered to prove the family relationship and the eligibility of the petitioner and beneficiary.
Petition Filing
The appropriate application is prepared and filed with the correct immigration agency.
Next Immigration Step
Depending on the case, the family member may continue with adjustment of status, consular processing, or other required steps.
How long can the process take?
The waiting time depends on the family category, country of origin, visa availability, and immigration agency processing times. For immediate relatives of U.S. citizens, there is generally no waiting list for visa availability. For other categories, there may be a significant wait.
Filing the petition as soon as possible can be important because the filing date usually becomes the priority date for the case.
Erika Rodriguez understands the importance of family unity
Erika Rodriguez immigrated to the United States from Mexico through her spouse. That personal experience, combined with years of work in immigration law, allows her to understand how important this process is for families.
If you would like to begin a family petition or need to know whether your family member may qualify for permanent residency, contact the office to schedule a consultation.
Frequently Asked Questions About Family Petitions
Does a family petition allow my family member to live or work in the United States?
Not necessarily. An approved family petition establishes the family relationship, but it does not always grant permanent residency, work authorization, or permission to remain in the United States.
Can I petition for my parents if I am a U.S. citizen?
Yes, but you generally must be at least 21 years old to file a petition for your parents.
Do I need to file a separate petition for each family member?
In many cases, yes. For example, if you want to petition for your father and your mother, you generally need to file a separate petition for each parent.
What happens if I became a U.S. citizen after filing a petition?
In some cases, naturalization may change your family member’s immigration category and may help speed up the process. It is important to properly notify the appropriate agency.
Ready to begin a family petition?
The first step is to review your case and confirm what options are available for your family member. Call the office of Erika Rodriguez in San Diego for legal guidance.
