Who Can You Sponsor as a US Citizen or Permanent Resident?
The United States government offers many benefits to its citizens and permanent residents. Those born in the States or living in this country as naturalized citizens or lawful permanent residents are permitted to bring foreign-born relatives to the US. Family-sponsored green cards and immigrant visas are issued by United States Citizenship and Immigration Services (USCIS), as well as the US Department of State. Not every family member can immigrate to the US through family sponsorships. Below is more information about who you can sponsor as a US citizen or permanent resident and the requirements and restrictions that apply.
Sponsoring an Immediate Relative
Most family-sponsored immigrant visas are obtained for close family members. USCIS defines “immediate relatives” as the spouses, children, and parents of US citizens. The US government does not limit the number of immigrant visas and green cards that can be issued to immediate relatives each year, which means these petitions may be processed more quickly than others.
Sponsoring Other Family Members
A US permanent resident or “green card” holder is eligible to sponsor family-based green cards for relatives in the “family preference categories.” US citizens are also eligible to sponsor their adult children and siblings under these categories. The number of green cards and immigrant visas that may be issued each year in each of these categories is limited. The categories include:
Unmarried sons and daughters over age 21 of US citizens
Spouses and unmarried children under age 21 of permanent residents
Unmarried sons and daughters over age 21 of permanent residents
Married sons and daughters of any age of US citizens
Siblings of US citizens (if the US citizen filing the petition is over age 21)
Things get a bit more complicated in situations with adoptive parents, stepparents, and children who “age out” due to the extensive delays in immigration processing times. However, working with a good immigration attorney can help ensure a fair outcome.
The Application Process
Sponsoring a family member to join you in the US can be quite a lengthy process. Even a spouse, who is generally accorded a shorter processing time, may have to wait as long as two to three years. The fastest way to secure a family-based green card is to work with Hurtubise Weber Law. We’ll assist you every step of the way to help you remain with your loved ones or to reunite you with them as soon as possible!
For more information about family-based green cards and immigrant visas and to speak with an immigration lawyer in San Francisco or San Jose about your situation, please call us at (415) 413-8760 or contact us online today.
10 Most Common Reasons for a Green Card Application to be Denied
Each year, United States Citizenship and Immigration Services (USCIS) approves thousands of lawful permanent resident cards, also known as green cards. This allows non-US citizens to live and work in this country permanently. However, a green card may be denied if the applicant is deemed “inadmissible.” Take a closer look at the 10 most common reasons this can happen.
Health: You must pass a medical exam performed by a government-approved doctor. Your application may be denied if you have an infectious disease, aren’t properly vaccinated, are addicted to drugs, or have a medical disorder that threatens the safety of others.
Criminal background: If you have been convicted of certain crimes—including drug trafficking, prostitution, money laundering, or fraud—you could be deemed inadmissible to the US.
Finances: If you have no way to support yourself, your green card could be denied based on the likelihood that you will become a drain on public resources. However, if you are a victim of human trafficking, you may not be treated as inadmissible even if you will likely require government assistance.
Fraud or misrepresentation: Knowingly misrepresenting the facts when applying for permanent residency—such as claiming false employment or listing the wrong address—may cause USCIS to deny your application.
Prior unlawful presence: USCIS will review your past immigration history to determine if you have ever entered the country unlawfully, overstayed a visa, or been deported. While these are not automatic grounds for denying an application, you may need a skilled lawyer to make your case.
National security concerns: Your visa application will likely be denied if you are currently or formerly affiliated with a terrorist group, criminal organization, or totalitarian party.
Lack of evidence: In the case of family-based green cards, your petition may be denied if there’s insufficient evidence to support the relationship between you and your sponsored family member.
Incomplete application: All aspects of a green card application must be submitted together. If any forms, support documents, or filing fees are missing, that could be enough motivation to deny your application.
Missed deadlines: Another reason for having your green card denied is if you miss appointments or interviews needed to complete your application. Submitting documentation past the deadline is also problematic.
Errors in the application process: The strict legality of a permanent resident card leaves no room for error. Misspelling a name or forgetting a birth date could be reason enough for USCIS to deny your application, even if it was an innocent mistake.
Don’t allow something as simple as a missed deadline or typo to cost you your green card! Hurtubise Weber Law can help you complete your application correctly and submit it in a timely manner. Even if you have already been deemed inadmissible, we can assist with filing a waiver or meeting an exception written into immigration law. When you’re ready to begin applying for a green card, please call our San Francisco or San Jose office at (415) 849-1199 or contact us online.
Trump to Suspend Entry of Immigrants Who "Will Financially Burden the U.S. Healthcare System"
President Trump has issued a proclamation suspending entry of immigrants who "will financially burden the U.S. healthcare system."
What does the proclamation say? The proclamation states that with some exceptions, immigrants applying for a "green card" from outside the U.S. must prove at the time of their consular interview that they will be covered by approved (unsubsidized) health insurance within 30 days of entry into the United States, or that they possess the financial resources to pay for reasonably foreseeable medical costs.
When will the proclamation become effective? The new policy will go into effect on November 3, 2019.
Who does the proclamation affect? Anyone who is issued an immigrant visa on or after November 3, 2019, the effective date, will be subject to the new policy. The new policy does NOT affect those issued a temporary visa, including H-1B visa holders, L-1 intracompany transferees, and international students and scholars. It also does not affect refugees.
For more information and assistance with your immigrant visa, please contact us at theteam@huwelaw.com or 415-496-9040.
Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can you apply for a green card this month? Check the May Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for May 2019 to see if your priority date is current this month.
USCIS has determined that in May, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can you apply for a green card this month? Check the April Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for April 2019 to see if your priority date is current this month.
USCIS has determined that in April, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why Legal Immigration to the U.S. Has Decreased, and How it Affects You
Legal immigration to the U.S. was significantly down in 2018:
In 2018, approvals of all types of visas and green cards were down. For example, approvals of green cards for immediate relatives of U.S. citizens (such as spouses) were down 7%, and fiance visa approvals were down a whopping 29%.
Legal immigration to the U.S. was significantly down in 2018:
https://www.npr.org/2019/03/10/701987091/why-u-s-visa-numbers-are-down
In 2018, approvals of all types of visas and green cards were down. For example, approvals of green cards for immediate relatives of U.S. citizens (such as spouses) were down 7%, and fiance visa approvals were down a whopping 29%.
Why is this occurring?
A wide range of incremental changes inside our government bureaucracy are primarily to blame. These changes are often unknown to, or misunderstood by, the public. They are not changes to the law and do not always require a formal legal procedure.
How does the decrease in legal immigration affect you as a prospective immigrant?
-It is more challenging to get any visa or green card application approved
-Green card applications are being denied due to minor errors, without the government providing an opportunity to correct the issues
-It is more likely that someone currently or previously in F-1 student visa or J-1 exchange visitor visa status will be prohibited from obtaining a green card due to a previous minor (and often unknown to the immigrant) noncompliance issue
-If a visa or green card application is denied, there is a greater risk of being placed into deportation proceedings.
How can we help?
We keep current on government policy changes. We know which questions to ask you, what documentation to provide to the government, and what to expect moving forward.
Contact us today at TheTeam@huwelaw.com or 415-496-9040 for help with your employment visa or family-based green card. We are here to help!
Can you apply for a green card next month? Check the March Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can now check the U.S. Department of State Visa Bulletin for March 2019 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category? You can now check the U.S. Department of State Visa Bulletin for March 2019 to see if your priority date will be current next month.
USCIS has determined that in March the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html
Need help interpreting the Bulletin or preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.
April 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for April 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, over-subscription of the China-mainland born and India EB-1 categories, and visa availability in the Vietnam EB-5 category.
The U.S. Department of State has released the Visa Bulletin for April 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, over-subscription of the China-mainland born and India EB-1 categories, and visa availability in the Vietnam EB-5 category.
USCIS has advised that in April, it will be accepting adjustment of status applications based on filing dates for family-based cases, and final action dates for employment-based cases.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
