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Sponsoring Immediate Relatives By U.S. Citizens

United States citizens have the right to sponsor their relatives from abroad. There is no limit on the number of visas allowed per year under the "immediate relative" category. Visas are immediately available for these relatives to apply for lawful permanent residence. Immediate Relatives may immigrate to the United States on a petition I-130 Petition for Alien Relative.

On May 17, 2007, a bipartisan group of Democrat and Republican Senators struck a deal for swift immigration reforms, the Border Security and Immigration Reform Act of 2007. Although the proposal has not been passed into law, a large part of the proposal would most likely survive the Senate and House vote and pass into law. Title V of the proposal Act seeks to limit U.S. citizens sponsoring their foreign born parents to 40,000 per year. In addition, it would also severely diminish and/or eliminate other non-immediate relative categories. Therefore, we urge that you file applications for your immediate relatives, as well as non-immediate relatives as soon as practicable. At Garg & Associates, PC, our experienced immigration attorneys will assist you in these difficult times when Congress is seeking out ways to limit your ability to sponsor family members to the U.S.

Following are various immediate relative categories as it stands today, May 18, 2007.

Immediate Relatives Are Defined As:

  • Spouse of U.S. Citizens - If the marriage is less than two years in duration, the immigrating spouse will be granted conditional residence for two years. Then, the couple must apply for removal of condition.
  • Children of U.S. Citizens - The child must be unmarried and under the age of 21 to qualify. The child may be a natural-born (legitimate), adopted, stepchildren, or legitimated.
  • Parents of U.S. Citizens - A U.S. citizen child must be at least 21 years of age in order to sponsor his or her parents.

Application Requirements and Procedures:

  • Documents Required:
    • I-130 Petition for Alien Relative;
    • G-28 Notice of Entry of Attorney
    • G-325A Biographical Information for the Petitioner
    • G-325A Biographical Information for the alien Beneficiary;
    • Marriage certificate for spousal applications;
    • Birth certificates for child/parents applications;
    • Evidence of U.S. Citizenship or lawful permanent residence;
    • Birth or baptismal certificates for both the sponsor and the foreign relative if they are brother and sisters with the same parents;
    • Divorce papers if there was a preceding marriage for either applicant or immigrant relative
    • 2 photographs of the applicant and immigrant relative; and a
    • Filling fee in the amount of $190 (subject to changes by USCIS) in the form of cashier's check or money order payable to USCIS.

Procedures:

  • Our experienced immigration attorneys at Garg & Associates, PC will consult with you and your family, assess your qualifications, and file the appropriate applications & forms to the Service Center applicable to where you live;
  • Once the USCIS approves your application, then the I-130 Petition approval is sent to the petitioner's address in the United States. Then, the documentation is transferred to the National Visa Center to obtain an affidavit of support and DS-230. Once the immigrant visa for your relative's category is available, your relative will be contacted by the U.S. Consulate in the country where the alien relative resides to schedule an interview.
  • The alien relative will have to prepare for the interview in the U.S. Consulate in his or her country and complete the package provided by the same consulate. The following documentation will be required for the interview:
    • Passport;
    • Birth certificate;
    • Photographs of the applicant;
    • A copy of the petitioned application;
    • Marriage Certificate; and
    • Divorce Decrees from prior marriages.

Immigration and naturalization law is very specialized and requires years of experience to understand and traverse difficult provisions. If you or anyone you know needs qualified legal assistance with an immigration matter, contact the Houston Immigration Attorneys at Garg & Associates today! We are the Immigration Attorneys Who Make Connections!

Sponsoring Non-Immediate Relatives By U.S. Citizens

A U.S. citizen or a Legal Permanent Resident (a green card holder) may also sponsor other relatives to come to the United States. However, they are subject to the number of visas available each year. The United States Citizenship and Immigration Services (USCIS, formerly INS) created a system of preferences to determine which aliens will receive their immigrant visas first.

On May 17, 2007, a bipartisan group of Democrat and Republican Senators struck a deal for swift immigration reforms, the Border Security and Immigration Reform Act of 2007. Although the proposal has not been passed into law, a large part of the proposal would most likely survive the Senate and House vote and pass into law. Title V of the proposal Act seeks to diminishes and/or eliminate four (4) out of the following five (5) non-immediate relative categories, namely 1st preference, 2nd preference subcategory (B), 3rd preference, and 4th preference. Therefore, we urge that you file applications for your immediate relatives, as well as non-immediate relatives as soon as practicable. At Garg & Associates, PC, our experienced immigration attorneys will assist you in these difficult times when Congress is seeking out ways to limit your ability to sponsor family members to the U.S.

Following are various Non-Immediate relative categories as it stands today, May 18, 2007.

Immigrant Visa Preferences:

  • 1st. Preference - Unmarried sons/daughters over the age of 21 of a U.S. Citizen.
  • 2nd. Preference - (A) The spouse and unmarried sons and daughters that are under 21 of a Legal Permanent Resident (LPR); (B) Unmarried adult children (over 21) of an LPR.
  • 3rd. Preference - Married sons and daughters of a U.S. Citizen.
  • 4th. Preference - Brothers and Sisters of a U.S. Citizen.

Application Requirements and Procedures:

  • Documents Required:
    • I-130 Petition for Alien Relative;
    • G-28 Notice of Entry of Attorney
    • G-325A Biographical Information for the Petitioner
    • G-325A Biographical Information for the alien Beneficiary;
    • Marriage certificate for spousal applications;
    • Birth certificates for child/parents applications;
    • Evidence of U.S. Citizenship or lawful permanent residence;
    • Birth or baptismal certificates for both the sponsor and the foreign relative if they are brother and sisters with the same parents;
    • Divorce papers if there was a preceding marriage for either applicant or immigrant relative
    • 2 photographs of the applicant and immigrant relative; and a
    • Filling fee in the amount of $190 (subject to changes by USCIS) in the form of cashier's check or money order payable to US CIS.

Procedures:

  • Our experienced immigration attorneys at Garg & Associates, PC will consult with you and your family, assess your qualifications, and file the appropriate applications & forms to the Service Center applicable to where you live;
  • Once the USCIS approved your application, then the I-130 Petition approval is sent to the petitioner's address in the United States. Then, the documentation is transferred to the National Visa Center to obtain an affidavit of support and DS-230. Once the immigrant visa for your relative's category is available, your relative will be contacted by the U.S. Consulate in the country where the alien relative resides to schedule an interview.
  • The alien relative will have to prepare for the interview in the U.S. Consulate in his or her country and complete the package provided by the same consulate. The following documentation will be required for the interview:
    • Passport;
    • Birth certificate;
    • Photographs of the applicant;
    • A copy of the petitioned application;
    • Marriage Certificate; and
    • Divorce Decrees from prior marriages.

Immigration and naturalization law is very specialized and requires years of experience to understand and traverse difficult provisions. If you or anyone you know needs qualified legal assistance with an immigration matter, contact the Houston Immigration Attorneys at Garg & Associates today! We are Immigration Attorneys Who Make Connections!

If you or someone you know is need of family law services, please do not hesitate to call Garg & Associates at 281-362-2865 for a consultation today or use our Contact Form.

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