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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Information on Families
Spouses, unmarried children under 21 years of age, and parents of
United States Citizens, qualify as immediate relatives and are eligible
to apply for their residency without having to wait for a priority
date to become current. Unlike immediate relatives of U.S. citizens,
other family-based categories are allocated a limited number of
visas available each year. Because of this limitation, it may take
several years before a visa is available for a foreign relative.
Spouses and children of legal permanent residents, along with children
of U.S. citizens over 21 years of age, and brothers and sisters
of USC, must wait for their priority date to become current before
they are eligible to apply for their green card. A priority date
is the day that the Immigration and Naturalization Service receives
the visa petition. For a free copy of the monthly State Department
Priority Date Bulletin, stop by the Law office of Thomas Esparza,
Jr.
The Family-Sponsored Preferences are as follows:
* 1st Unmarried sons and daughters of United States citizens;
* 2A Spouses and children (under 21) of Permanent Residents;
* 2B Unmarried sons and daughters (21 years of age or older) of
Permanent Residents;
* 3rd Married sons and daughters of United States citizens and
* 4th Brothers and sisters of adult United States citizens.
If a U.S. citizen or LPR gets married to a foreign national while
outside the United States, they will need to complete Consular Process
in order to obtain their green card. Consular Process is a three-part
process. 1) This process begins when a citizen or resident spouse
or parent submits a petition for a visa at a regional INS office
or with the U.S. embassy or consulate in the foreign spouse's native
country. 2) Once the INS has approved the petition and the priority
date is current, the foreign-born spouse will receive a packet of
information and forms from the National Visa Center. This will provide
information about which documents to take to the immigration visa
interview, items such as passports, medical records, police clearances,
and an affidavit of support. 3) You'll be asked several questions
about your history and be given an interview at the American Consulate.
The beneficiary may be eligible to adjust their status in the United
States, consular process in their own country, or be admitted into
the United States while they wait for their priority date to become
current. For more information about obtaining a green card by marrying
outside the United States, contact the Law Office of Thomas Esparza,
Jr.
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