Immediate Relatives
Spouses. The most common type of immediate relative petitions that we see are for spouses of U.S. citizens. There are a number of considerations that must be made to determine if the petition can be done in the U.S., if a waiver is required, or if the spouse will need to Consular Process. If the spouse is already in the U.S., they can adjust their immigration status in the U.S. if they can show that they were inspected and admitted in a qualifying nonimmigrant status. They can still adjust their status even after the period of authorized stay has expired. The only exception to this inspection rule is if the spouse is grandfathered under section 245(i). If the spouse is abroad or does not qualify to adjust their status in the U.S., they will need to Consular Process. Consular Processing begins in the U.S. with a petition for alien relative that is later transferred to the National Visa Center for document collection and scheduling of an interview at the U.S. consulate in the spouse's home country. Once the spouse completes the interview and the Consular Officer approves the application, the spouse is given a temporary visa stamp in their passport and a sealed package to give to the inspecting officer at the port-of-entry. At the port-of-entry, the spouse will be admitted as a Lawful Permanent Resident and their residence card will be mailed to the address that they give to the inspecting officer.
Minor Sons and Daughters of U.S. Citizens. The second most common type of immediate relative petitions that we see are for the minor sons and daughters of U.S. citizens. This type of petition can include biological children and step-children. Most of the same rules regarding admission, waivers, and section 245(i) apply when making a determination of whether the son or daughter should adjust their status in the U.S. or Consular Process.
Parents of Adult U.S. Citizens. Another common type of immediate relative petitions that we see are for parents of adult U.S. citizens. Adult U.S. citizens must be at least 21 years old to sponsor their parents for Lawful Permanent Residence. Parents include biological parents and adoptive parents. Keep in mind, however, that if the U.S. citizen has adoptive parents, then they cannot sponsor their biological parents because the parent/child relationship has been terminated.
Articles
Do I have to leave the U.S. to get permanent residence through my U.S. citizen spouse?
Notable Representations
Section 245(i). An individual's father filed a petition for alien relative for him, as his minor son (the first step in the green card process), and it was approved. Now, as an adult with a spouse and children, when this individual's priority date became current, he came to us for assistance with obtaining a green card for him and his family. We determined that the individual qualified under a special provision in the law, 245(i), and that he and his family were able to file for their green cards here in the US, without having to return to their home country. We prepared the adjustment of status petitions for this individual and his family and represented him at his adjustment of Status Interview at the local USCIS office. The individual and his family were approved and are now finally US legal permanent residents (green card holders), after more than 20 years of waiting for their chance at a green card.
Removal of Conditions on Residence. Our firm was successful in assisting a young couple to obtain a marriage based green card (the 2 year conditional resident green card). Two years later, and after overcoming a few rough patches in their marriage, the couple came back to us for help in responding to a request for additional evidence (RFE) from USCIS for their petition to the remove the conditions on residence. With our guidance, the couple was able to demonstrate the “good faith” and validity of their marriage, and the spouse has now received lawful permanent residence status (the 10 year green card).