Family Visa

SPOUSES AND CHILDREN OF PERMANENT RESIDENTS WHO ENTERED WITH VISAS AND ARE LAWFULL WITHIN THE U.S.
A permanent resident may apply for his/her spouse and minor children to classify them as eligible to obtain permanent residence. Unfortunately, these relatives are not immediately eligible to obtain permanent residence and must await visa priority availability.

Immigration

Country of origin is significant because countries such as Mexico and the Philippines are over subscribed. When a petition becomes current, the spouse and children may adjust status if they have remained in lawful status; if not, they will have to return to their home country for visa processing.

If during the period of waiting, the permanent resident petitioner becomes a U.S. citizen, the spouse and children would be eligible to adjust to permanent residence even if the wife and children beneficiaries have overstayed.

When a sponsoring permanent resident becomes a U.S. citizen, the quota category moves up to make the alien spouse and children under 21 immediate relatives, and hence immediately eligible for permanent residence. Individual circumstances such as previous crimes committed by the alien may affect rights, and the case should be professionally evaluated.

Please call our office to evaluate any case.


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