Immigration and Nationality Law Specialist 

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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.
 
 
 



> 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.

 



1811 South First Street . Austin, Texas 78704  |  Phone (512) 441-0062  |  Fax (512) 441-0725  |  Email tom@tomesparza.com

Copyright © 2007 The Law Office of Thomas Esparza, Jr. A Professional Corporation.
Board Certified Specialist. Celebrating over 30 years of experience!