Law offices of Surowitz and Bell - Immigration & Nationality Law

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	Marriage & Fiancee Petitions

	Family Petitions

	H-1B Visas (Temporary Professional Visas)

	Visas for Work, School, Visitors, etc.

	PERM Labor Certification (Employment Permanent Residence Process)

	Employment-Based Green Cards (Permanent Residence)

	U.S. Citizenship (Naturalization)

	Deportation Defense (Removal Defense)

	Asylum

	Immigration Appeals

	Waivers of Inadmissibility / Excludability

	Criminal Defense of Non-Citizens

	USCIS Forms & Fees

Family Petitions

U.S. Citizens and Permanent Residents can petition for certain family members to obtain permanent residence (their “green card”) in the United States. Immigrant Petitions for family members are generally filed on Form I-130, Petition for Alien Relative. Fiancé Visa Petitions, however, are generally filed on Form I-129f, Petition for Alien Fiancé.

U.S. Citizens can file Immigrant Petitions for the following family members:

1. Spouses
2. Fiancés
3. Parents (if the U.S. Citizen is over 21 years old)
4. Minor Children (unmarried and under 21 years old)
5. Siblings
6. Unmarried Adult Sons or Daughters over 21 years old.
7. Married Adult Sons or Daughters over 21 years old.

Permanent Residents can file Immigrant Petitions for the following family members:

1. Spouses
2. Minor Children (unmarried and under 21 years old)
3. Unmarried Adult Sons and Daughters over 21 years old.

As you can see, only U.S. citizens, and not Permanent Residents, can file Petitions for Fiancés, Parents, Siblings, Married Sons or Daughters, or Sons or Daughters over 21 years old. There are no Family-Based Immigrant Petitions for Nieces, Nephews, Grandparents, or Cousins.

U.S. Citizens are generally able to obtain Permanent Residence much sooner for their spouses and minor children, than can Permanent Residents, as the USCIS considers these family members of U.S. Citizens “Immediate Relatives”, exempting them from visa availability backlogs that can take years to clear.

Frequently, a “Visa Upgrade” strategy can be beneficial whereby a U.S. Permanent Resident petitions for a family member and the U.S. Permanent Resident later Naturalizes and becomes a U.S. Citizen. In such cases, the individual can keep the original filing priority date they received when they filed the petition, but can enjoy what is frequently (though not always) quicker visa availability times. Be sure to speak with your immigration lawyer about this strategy, as depending what country they are from, sometimes family members of U.S. Citizens must wait even longer than those of Permanent Residents.

Your immigration attorney will go over the current Department of State Visa Bulletin with you and advise the most appropriate and expeditious strategy for bringing your family members to the U.S., or adjusting status (this should link to “Adjustment of Status” page) to permanent residence in the event they are already in the country.