FAMILY PETITIONS – Immigration Advisor

Immigration Options for Family Members

Spouse

File a petition for your spouse by filing for adjustment of status or consular processing.
A spouse is a legally wedded husband or wife, or a common-law spouse who meets specific requirements.
In cases of polygamy, only the first spouse may qualify as a spouse for immigration purposes.

Parents

To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old.
Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

Siblings

To petition to bring your sibling (brother or sister) to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years old.
Permanent residents may not petition to bring siblings to live permanently in the United States.

Children

If you are a Permanent Resident, also known as a Green Card holder, you may petition for your unmarried children (unmarried and under 21 years of age) as well as any of your child’s children.
You may also petition for any unmarried sons and daughters over the age of 21, sometimes referred to as an adult child, as well as their children.

Fiancé(e)

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition for Alien Fiancé(e).
The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S. as a K-1 nonimmigrant.

Same-Sex Marriages

Yes, you can file the petition. You may file a Form I-130, Petition for Alien Relative, and your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law.

Consular Report of Birth Abroad (CRBA)

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met.
If such a child acquired U.S. citizenship at birth, the child may be issued a Consular Report of Birth Abroad of a U.S. Citizen (CRBA) if the application is filed before the child’s 18th birthday.