FAMILY SPONSORSHIP


	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

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FAMILY SPONSORSHIP

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FAMILY SPONSORSHIP

The four categories under which an individual can obtain permanent residency through relatives are the following:

First preference (F-1): Unmarried sons and daughters (21 years of age and older) of U.S. Citizens;
Second preference (F2-A): Spouses and unmarried children (under 21 years of age) of Permanent Residents;
Second preference (F2-B): Unmarried sons and daughters (21 years of age and older) of Permanent Residents;
Third preference (F-3): Married sons and daughters of U.S. Citizens;
Fourth preference (F-4): Brothers and sisters of U.S. Citizens.

Certain family members fall outside the quota system. This means that there is no limit, and therefore no waiting time for a Green Card for the following Immediate (non-quota) family members:

Spouses of U.S. Citizens;
Children under the age of 21 of U.S. Citizens;
Parents of U.S. Citizens.

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the U.S. The following steps are involved in becoming a lawful permanent resident based on sponsorship by a relative in the U.S. who is either a U.S. citizen or permanent resident:

A petition for an alien relative is filed with the USCIS;
If approved, the State Department must determine whether an immigrant visa number is "immediately available" to the foreign national, even if the individual is already in the U.S. Please note that the quota system is not applicable to immediate family members of U.S. citizens;
If already in the U.S., the foreign national may be able to "adjust status" to permanent resident and obtain a green card assuming that the priority date is current and the individual is currently maintaining nonimmigrant status.

It may be possible to pay a penalty fee of $1,000 and adjust status in the U.S. under a section of the Immigration & Nationality laws known as Sec. 245(i) even if the sponsored individual is not maintaining current nonimmigrant status as long as the individual was sponsored through a family member or employer prior to April 30, 2001. Moreover, an immediate family member (spouse, parent, or child under 21 of a U.S. citizen) can normally adjust status in the U.S. as long entry was made legally into the U.S. even if the I-94 has subsequently expired.

An individual who is currently in the U.S. illegally (for example, the I-94 has expired) but is covered under sec. 245(i) would be subject to 3 and 10-year bars to entry to the U.S. if he or she departs the U.S. for any reason. Thus, departing the U.S. may severely delay obtaining a green card. We are not advocating continued violation of immigration laws, but this is a sensitive area and you should contact our law firm for legal consultation.

If outside the U.S. when an immigrant visa number becomes available, the foreign national must go to the U.S. Consulate serving the area where he or she resides.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.