{"id":7157,"date":"2021-02-01T15:59:35","date_gmt":"2021-02-01T19:59:35","guid":{"rendered":"https:\/\/archive-lynchlaw.pfgsandbox.com\/?p=7157"},"modified":"2021-11-30T14:14:58","modified_gmt":"2021-11-30T18:14:58","slug":"reuniting-families-of-green-card-holders","status":"publish","type":"post","link":"https:\/\/archive-lynchlaw.pfgsandbox.com\/?p=7157","title":{"rendered":"Reuniting Families of Green Card Holders"},"content":{"rendered":"

\"Green<\/p>\n

Bringing your spouse and unmarried children to the United States can be a confusing process.<\/h2>\n

As most\u00a0<\/span><\/span>lawful<\/span><\/span>\u00a0<\/span><\/span>p<\/span><\/span>ermanent\u00a0<\/span><\/span>r<\/span><\/span>esidents understand, having a\u00a0<\/span><\/span>G<\/span><\/span>reen\u00a0<\/span><\/span>C<\/span><\/span>ard\u00a0<\/span><\/span>comes with many benefits<\/span><\/span>.\u00a0<\/span><\/span>One of those benefits is the<\/span><\/span>\u00a0ability to\u00a0<\/span><\/span>petition for spouses and unmarried children to become permanent residents in the <\/span><\/span>United States as well<\/span><\/span>.<\/span><\/span>\u00a0Green\u00a0<\/span><\/span>C<\/span><\/span>ard holders may not realize that they\u00a0<\/span><\/span>can\u00a0<\/span><\/span>petition for those family members even before the\u00a0<\/span><\/span>G<\/span><\/span>reen\u00a0<\/span><\/span>C<\/span><\/span>ard\u00a0<\/span><\/span>holder becomes a citizen.<\/span><\/span>\u00a0<\/span><\/span><\/p>\n

H<\/span>owever,\u00a0<\/span>immigration\u00a0<\/span>can\u00a0<\/span>be<\/span>\u00a0<\/span>a\u00a0<\/span>long,\u00a0<\/span>confusing,<\/span>\u00a0<\/span>frustrating, and often intimidating process<\/span>.<\/span> Before\u00a0you begin\u00a0filling out forms and gathering documentation, i<\/span>t is important\u00a0<\/span>to have a solid understanding of which family members\u00a0<\/span>can<\/span>\u00a0<\/span>join you<\/span>\u00a0in the United States<\/span>,<\/span> the general process, the evidence <\/span>or documentation\u00a0<\/span>required<\/span> to petition<\/span>, and<\/span>\u00a0the<\/span>\u00a0basic expenses involved<\/span>.\u00a0<\/span><\/p>\n

Who is eligible for permanent residency?<\/h2>\n

Green\u00a0<\/span>C<\/span>ard\u00a0<\/span>holders may\u00a0<\/span>petition for spouses and unmarried children to join them in the United States as lawful permanent residents.<\/span>\u00a0<\/span>The United States Citizenship and Immigration Services (USCIS)<\/a> uses four \u201c<\/span>p<\/span>reference\u00a0<\/span>c<\/span><\/a>ategories<\/a>\u201d to prioritize\u00a0<\/span>visa availability for\u00a0<\/span>certain relatives over others. <\/span><\/p>\n

\u201c<\/span>First\u00a0<\/span>pr<\/span>eference<\/span>\u201d<\/span>\u00a0individuals will generally have the shortest wait time, followed by\u00a0<\/span>\u201cs<\/span>econd\u00a0<\/span>p<\/span>reference<\/span>\u201d<\/span>\u00a0individuals, and so forth.<\/span>\u00a0<\/span>All spouses and unmarried children of\u00a0<\/span>g<\/span>reen\u00a0<\/span>c<\/span>ard holders fall into the <\/span>\u201cs<\/span>econd\u00a0<\/span>p<\/span>reference<\/span>\u201d<\/span>\u00a0category. <\/span>Spouses and unmarried children\u00a0<\/span>of\u00a0<\/span>G<\/span>reen\u00a0<\/span>C<\/span>a<\/span>rd holders\u00a0<\/span>under 21<\/span>\u00a0years of age<\/span>\u00a0<\/span>are \u201cSecond Preference 2A.<\/span>\u201d <\/span>Green Card holders\u2019\u00a0<\/span>u<\/span>nmarried children<\/span>\u00a0<\/span>age<\/span>d<\/span> 21 or older <\/span>fall into the <\/span>\u201cSecond Preference 2B<\/span>\u201d category, and<\/span>\u00a0therefore usually have longer wait times than those in\u00a0<\/span>\u201cSecond Preference 2A.<\/span>\u201d<\/span><\/p>\n

There is a limit to the number of immigrant visas granted to family members of permanent residents each year.<\/span>\u00a0<\/span>Filing\u00a0<\/span>USCIS\u00a0<\/span><\/a>Form I-130<\/a> will establish your relative\u2019s\u00a0<\/span>relationship to you\u00a0<\/span>and will give you their\u00a0<\/span>priority date. That priority date must be \u201ccurrent\u201d before your relative may apply for\u00a0<\/span>a<\/span>\u00a0Green Card.<\/span>\u00a0<\/span><\/p>\n

USCIS publishes a\u00a0<\/span>\u201c<\/span>Visa Bulletin<\/span>\u201d<\/span> each month<\/span>,<\/span>\u00a0<\/span>showing<\/span>\u00a0w<\/span>hich\u00a0<\/span>categories of visas are currently available and wh<\/span>ich<\/span>\u00a0priority dates are current. Whether\u00a0<\/span>or not\u00a0<\/span>a priority date is current depends on many factors, including the number of pending\u00a0<\/span>p<\/span>etitions and the number of immigrant visas still available for citizens of certain countries.\u00a0<\/span>\u00a0<\/span><\/p>\n

As of the date of this article,\u00a0<\/span>lawful<\/span>\u00a0permanent residents\u2019\u00a0<\/span>spouses<\/span>\u00a0and unmarried children under age 21 (those in Preference Category 2A), have no wait; visas are immediately available.<\/span>\u00a0<\/span>Unmarried children 21 or older (Category 2B), however, may have a significant wait.<\/span>\u00a0<\/span><\/p>\n

Depending on your home country, priority dates are now current for\u00a0<\/span>pe<\/span>titions filed on or before May 1, 2016 for most cases, on or before April 1, 2012 for relatives living in the Philippines, and on or before December 1, 1999 for relatives living in Mexico.<\/span>\u00a0<\/span><\/p>\n

What forms will I need to submit?<\/h2>\n

Green Card holders <\/span>will first need to submit a Petition for Alien Relative (USCIS <\/span>Form<\/span>\u00a0\u00a0<\/span>I<\/span>-130).\u00a0<\/span>Form I-130<\/span>\u00a0establishes the relationship between the\u00a0<\/span>p<\/span>etitioner (the\u00a0<\/span>lawful<\/span>\u00a0<\/span>p<\/span>ermanent\u00a0<\/span>r<\/span>esident) and the<\/span>\u00a0b<\/span>eneficiary (the relative\u00a0<\/span>seeking<\/span>\u00a0a Green Card).<\/span>\u00a0<\/span><\/p>\n

S<\/span>pouses of permanent residents will also need to fill out USCIS\u00a0<\/span>Form\u00a0<\/span>I-130A<\/span>,<\/span>\u00a0which provides additional information about the foreign spouse.\u00a0<\/span>Once your Form I-130\u00a0<\/span>is approved\u00a0<\/span>and your relative\u2019s priority date is current,\u00a0<\/span>the relative<\/span>\u00a0<\/span>may<\/span>\u00a0apply for a Green Card.<\/span>\u00a0<\/span><\/p>\n

If your relative<\/span>\u00a0<\/span>already\u00a0<\/span>resides<\/span>\u00a0in the U.S., he or she\u00a0<\/span>may<\/span>\u00a0file\u00a0<\/span>USCIS Form I-485,<\/a> requesting an \u201cAdjustment of Status<\/a>\u201d when their priority date becomes current.<\/span>\u00a0<\/span>If\u00a0<\/span>a visa number is available at the time you file your I-130 Petition, your family member<\/span>\u00a0<\/span>may\u00a0<\/span>file Form I-485 with Form I-130.<\/span>\u00a0<\/span>If the request for adjustment of status is approved, a Green Card will be issued.\u00a0<\/span>\u00a0<\/span><\/p>\n

If your relative\u00a0<\/span>lives<\/span>\u00a0outside of the U.S., USCIS will notify the National Visa Center (NVC) of your approved I-130 Petition. The NVC will send your relative forms to fill out and\u00a0<\/span>return, as well as information regarding required medical exams, fees, and the availability of a visa number. <\/span><\/p>\n

Once an immigrant visa number is available, your relative <\/span>may file a DS-260 application<\/span>, and will usually be required to attend an interview at a local U.S. Consulate. If the visa application is approved, your relative will be permitted to enter the United\u00a0<\/span>States and<\/span> will receive their Green Card <\/span>after<\/span>\u00a0arrival.<\/span><\/p>\n

What evidence will I need to petition?<\/h2>\n

You will need to submit evidence supporting your I-130 Petition. This evidence includes proof of your lawful permanent resident status and evidence of your relationship to the beneficiary, such as a marriage or birth certificate. If the original documents are not in English, you will need to submit copies of both the originals and a certified translation. As a general rule, you should not send original documents, as they may not be returned.<\/p>\n

If petitioning for a spouse, you should include evidence that your marriage is \u201cbona fide.\u201d This evidence may take many forms, but the purpose is the same: the USCIS must confirm that the married couple entered the marriage for reasons other than immigration, and ensure that the couple intends to build a life together. Evidence may include proof of children born to the couple, intermingling of finances, family photographs, or joint ownership of property.<\/p>\n

USCIS considers certain types of evidence to be stronger than others. An experienced attorney can assist in determining the best evidence to submit, helping to prioritize quality over quantity.<\/p>\n

You and your relative will be required to submit additional evidence and forms during consular processing or with a Form I-485 request for \u201cAdjustment of Status.\u201d Required evidence will include:<\/p>\n