Can I Become A Permanent Resident Through Relatives?

Sponsoring aliens for entry into the United States is a privilege that is granted under immigration law to U.S. citizens and permanent residents of this country.  Immigration law allows two types of entry into America, either on a permanent or a temporary basis.  Those who are granted permanent residency receive green cards, while those who are granted temporary access receive temporary visas.  This is a time consuming and complicated process, which often requires the help of an immigration attorney.  In addition, immigration law establishes hierarchies of permission that make the process of having petitions for green cards filed by immigration attorneys quicker and more likely.

Family Priorities for Green Cards

There are a number of reasons for which immigration law permits aliens and their immigration attorneys to petition for green cards, such as reuniting families; filling in-demand employment positions; advancing education; investing in the U.S. economy; and granting asylum to refugees.  The highest priority for granting green cards under immigration law is reserved for the immediate family members of U.S. citizens.  Immigration law has also devised a lottery system for those with a lower priority who, with their immigration attorneys, file for green cards.  Once petitioners and their immigration attorneys file for green cards, immigration law considers the following priorities:

• Spouses of U.S. citizens, including recent widows and widowers
• Unmarried children of U.S. citizens under 21
• Parents of U.S. citizens 21 or older
• Stepchildren and stepparents of U.S. citizens, if the marriage creating that relationship took place before the child's 18th birthday
• Adopted children of U.S. citizens, if the adoption took place before the child reached 16

Immigration law has established no quotas for those immediate family members who have applied for green cards with the help of an immigration attorney.   Immigration law also includes other family members in “preference categories” for green cards, but immigration law does not grant them the same priorities as immediate family members.  An immigration attorney can help determine which family members fall into the “immediate” or “preference” family member categories.  However, those considered in the “preference” category face quotas that could delay their processing, depending on the backlog of requests, currently between three and twenty-four years.  It is especially important that these petitioners have an immigration attorney who understands immigration law to ensure that all of their paperwork is correct so that once their petitions for green cards begin processing; they are not rejected for misunderstandings of immigration law, which could cause them to have to start the application process for green cards all over again.  Those family member “preference categories” for green cards include:

• Unmarried adults 21 years old or older who have at least one parent who is a U.S. citizen
• Spouses and unmarried children of those holding green cards, so long as the children are younger than 21; and unmarried children of those holding green cards, 21 or older
• Married people of any age who have at least one parent who is a U.S. citizen
• Sisters and brothers of U.S. citizens who is 21 or older

Immigration law mandates that the closer the family relationship, the sooner petitions for green cards, especially applications that are prepared with the help of an experienced immigration attorney, will be processed.  If petitioners for green cards have more relatives that are citizens or holders of green cards, it is often wise to have an immigration attorney prepare applications for each, so that there is a better chance of receiving those green cards.

Overcoming Difficulties in Immigration Law

There are many hurdles that an immigration attorney can help you overcome in understanding U.S. immigration law when applying for green cards.  Any time those obstacles arise; an immigration attorney can contact the appropriate official and satisfy the sometimes-confusing requirements of immigration law.  Primarily, an immigration attorney is essential to those who have already been denied green cards under U.S. immigration law.