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Family-Based Green Card

Submitted by Guest on Feb 8th 2009
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One of the most-used methods of getting a Green Card is through a member of the family.  The two sets of eligible relationships are as follows:

  • Relatives of U.S. Green Card Holders
  • Relatives of U.S. Citizens

Eligibility

In order to sponsor a family member to immigrate to the United States, the sponsor must meet the following criteria:

  • Be a citizen or lawful permanent resident (Green Card holder) of the U.S. and be able to provide documentation proving that status.
  • Prove the ability to support the relative at 125% above the mandated poverty line with an Affidavit of Support.

A lawful permanent resident (Green Card holder) is a foreign national who has been granted the privilege of permanently living and working in the United States. A lawful permanent resident can file a petition for the following relatives:

  • Husband or wife
  • Minor unmarried children (under the age of 21)
  • Unmarried adult son or daughter of any age

A U.S. Citizen of any age (either by birth or by naturalization) can file a petition for the following relatives:

  • Husband or wife
  • Minor unmarried child (under the age of 21)
  • Unmarried adult son or daughter (21 or older)
  • Married son or daughter of any age

A U.S. citizen who is at least 21 years or older can file a petition for the following relatives:

  • Brother or sister, if the sponsor is at least 21 years old
  • Parent, if the sponsor is at least 21 years old.

Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

Documents Required for Filing

There are two stages to a family-based petition before the family member, known as the beneficiary, becomes a permanent resident:

1) Form I-130: Petition for Alien Relative
The Permanent Resident or U.S. Citizen (sponsor) completes and submits the I-130 Petition on behalf of the beneficiary.  Proof of the relationship must be included along with other required documentation.  The current USCIS filing fee is $355.00.

2) Form I-485 (Adjustment of Status) or Consular Processing (CP)
The family member will need to determine how they will file for their Green Card.  If the family member is already in the U.S., they can choose to file Adjustment of Status (AOS) or Consular Processing.  If the family member is outside of the U.S., they will need to file through Consular Processing.

Status within the United States

The I-130 petition alone will not provide the beneficiary with status to stay in the U.S.  To remain in the U.S. while waiting for a current Priority Date, the beneficiary must have valid non-immigrant status or through another Green Card application pending.(for example, an employment-based case).  Once the beneficiary has an AOS petition pending with the USCIS, they will be eligible to stay in the U.S. while it is being adjudicated.

Preference Categories

Depending on the category and country of birth, there are backlogs in visa numbers for some of the family-based categories.  The Priority Date (the date the I-130 was received by USCIS for processing) and Visa Bulletin determine when the beneficiary of a family-based applicant can expect their Green Card.

Immediate relatives do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. The relatives in the limited family-based categories must wait for an immigrant visa number to become available.

Immediate Relatives of U.S. Citizens

Immediate relatives of US Citizens (including spouses, unmarried children under 21, orphans adopted either abroad or in the US, and parents) currently have no backlog in visa number availability.  Eligible sponsors can file the I-130 and AOS petitions concurrently if the beneficiary is already within the U.S.  If adjusting though Consular Processing in the beneficiary’s home county, the National Visa Center will forward the required documents once the I-130 is approved.  Please note, a child does not have derivative status in an immediate relative (IR) petition.

Limited Family-Based Immigrants

These types of immigrant classifications involve specific family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

  • Family First Preference (F1): Unmarried adult sons and daughters of U.S. citizens, and their children, if any. (23,400)
  • Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (21 and older) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
  • Family Third Preference (F3): Married adult sons and daughters of U.S. citizens, and their spouses and children. (23,400)
  • Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizen sponsors are at least 21 years of age. (65,000)

Children under 21 of immediate relatives being sponsored cannot benefit from permanent resident petitions of their parents.  A separate petition must be filed for each child.  In Category F2 [spouses, minor children, and unmarried adult sons and daughters (21 years and older) of lawful permanent residents], children do benefit from their parent’s petition.

Please note, a child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent's F2 petition. A child is not included in his/her parent's IR petition.

Conditional Permanent Resident Status for Spouses of U.S. Citizens and Permanent Residents

If the beneficiary receives the AOS or CP approval before the two-year anniversary of their marriage, they will receive Conditional Permanent Resident (CPR) status and the CPR card will only be valid for two years.  Within the 90-day period before the CPR card expires, the CPR must complete and file Form I-751, Petition to Remove the Conditions of Residence.  The purpose of this form is for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

The USCIS will require proof that the marriage was entered in "good faith" and not for the purposes of evading immigration laws.  Any evidence that shows the U.S. Citizen and CPR are still in a legitimate relationship can be submitted. 

Effect of Not filing 

If this petition is not filed, the CPR will automatically lose their permanent resident status as of the second anniversary of the date on which the conditional status was issue.  They will then become removable from the U.S.

Affidavit of Support

While there is no required minimum age to file a family-based petition (unless specified for a particular category), the sponsor must be at least 18 years of age to file the Affidavit of Support, Form I-864.  The affidavit of support is required to show that the sponsor can financially support the relative(s) for whom they are petitioning.

If the Sponsor cannot prove they meet 125% of the poverty guidelines for their household size, a co-sponsor must commit to providing the required financial support.

Medical Examination and Vaccinations

Before becoming a permanent resident, each applicant must have a medical exam completed by a USCIS Certified Civil Surgeon (or Consulate approved doctor if filing through Consular Processing).   The medical will include any vaccinations required by U.S. immigration laws.

When a Legal Permanent Resident Becomes a U.S. Citizen while a Family-Based Petition is Pending

If the I-130 petition was filed for a relative when the Sponsor was a Legal Permanent Resident, the petition must be upgraded once the Sponsor becomes a U.S. Citizen.  This can benefit many family-based petitions, because the retrogression effecting relatives of Legal Permanent Residents is greater than that affecting relatives of U.S. Citizens. A copy of the Sponsor’s Naturalization Certification and the biographical page from the U.S. Passport must be filed as proof in order for the USCIS to upgrade the pending family-based petition.

Children of applicants in Category F2 benefit from their parent's petition.  Once the Sponsor has upgraded the petition from that of a Legal Permanent Resident to that of a U.S. Citizen, these children must file a petition of their own, as they will no longer benefit from a parent’s petition.

Ineligible Relatives

Certain conditions and activities may make a relative ineligible for a U.S Permanent Residency. Examples of these ineligibilities are:

  • Drug trafficking
  • Having HIV/AIDS
  • Overstaying a previous visa
  • Practicing polygamy
  • Advocating the overthrow of the government
  • Submitting fraudulent documents

A relative may also be refused a visa if the Petitioner or Applicant provided a willful misrepresentation of a material fact, or in the event of fraud.

For details provided by USCIS on family-based cases, please review the attachments.

1. For Green Card Holders:  How do I help my relative become a permanent resident?
2. For US Citizens:  How do I help my relative become a permanent resident?

AttachmentSize
For Green Card Holders How do I help my relative become a permanent resident.pdf1.17 MB
For US Citizens How do I help my relative become a permanent resident.pdf1.18 MB

My sister is the petitioner

Submitted by Lianaslav (not verified) on May 18th 2013.

My sister is the petitioner for my immigration to u.s. I have an approval from uscic and now i am waiting for my visa number. the matter is that my sister now is moving to switzerland for permanent living and working, though she is going to visit usa twice a year. will this somehow negatively affect on my chances of getting my visa , or may be visa centre must be informed about this?? in visa bulletin i see that i still have to wait 2 years for get visa number. please respond.

My sister is the petitioner

Submitted by Rajiv S. Khanna on May 20th 2013.

I am sorry, I do not know the answers off hand. She should contact USCIS AND the consulate to figure out the details. I do not think moving itself is a problem, but there may be issues with affidavit of support and domicile of a petitioner.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-130

Submitted by Guest (not verified) on May 13th 2013.

my wife is green card. She applied i-130 for me in August 2012. After we applied I-130 i got Priority Date receipt. Is that mean my i-130 got approved. It almost a 9 month since we got priority date receipt

I-130

Submitted by Rajiv S. Khanna on May 14th 2013.

Priority date must become current before your process moves forward. See http://www.immigration.com/visa-bulletin

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Status

Submitted by fernando (not verified) on Apr 28th 2013.

my brother applied for me in 2001 under [245-i]I'm from mexico how long do I have to wait before I get response from USCIS?

Status

Submitted by Rajiv S. Khanna on Apr 29th 2013.

Fernando, you should contact a lawyer to understand the available options. The times are here: http://www.immigration.com/visa-bulletin

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Sister of USC

Submitted by Jane (not verified) on Apr 23rd 2013.

Hello,
I came in USA in 2011 with a F1 visa. I was a student until last fall semester. I didn't register for classes this spring 2013 so I lost my status because of financial issues. I cannot afford university tuition being F1 anymore.My brother is a USC and would like to apply for me in order to get a new status and a GC (even a conditional), then I could come back to school as soon as possible. What is the procedure and how long is it going to take?

Sister of USC

Submitted by Rajiv S. Khanna on Apr 24th 2013.

That is not possible Jane. A brother applying for you gives you no status.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Visa

Submitted by Tonmoy (not verified) on Apr 18th 2013.

Hello,
I'm F2A visa holder permanent resident.I came here (usa) 6th months ago.i'm doing job.If I got married in Bangladesh(Home country), how can i apply for my spouse?? how much does it take to get a visa??

Thanks in advance.

Green Card for Spouse

Submitted by Rajiv S. Khanna on Apr 22nd 2013.

Start with reviewing the instructions on Form I-130.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Green Card under F2A

Submitted by Guest (not verified) on Apr 8th 2013.

I am on L1B currently which expires in Sept,2013. I married LPR in Aug 2011 and filed i130 in Nov 2011, which is not approved yet. My company applied for H1B, but it is going to be lottery this year. We have a 3 months old son too. Is there any way that I can stay in the US until I wait for my GC? My wife will be eligible to apply for naturalization by Jul, 2013 (90 days before her 5 year completion). How much time it will take if she upgrades my petition?

Green Card under F2A

Submitted by Rajiv S. Khanna on Apr 9th 2013.

Join me in the next free community conference call this Thursday. I will explain.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-601 Application

Submitted by Volatti (not verified) on Apr 4th 2013.

Hello, I am trying to complete the Form I-601 and there is a question I don't understand. The question says: If you are outside the United States and you were already interviewed by a Department of State (DOS) consular officer at a U.S. Embassy or consulate, provide information in item number 12.a. - 12.c. 12.a. Date of Visa Application with DOS Yes or No? 12.b. Location of Visa Application with DOS? 12.c. Department of State Consular Case Number?
Is this referring to direct consular filing? We are currently living In Bogota, Colombia, and did not go through direct consular processing.

I-601 Application

Submitted by Rajiv S. Khanna on Apr 5th 2013.

We cannot help filling out forms without signing the forms. Sorry. I will be happy to answer any general questions.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I130/1485

Submitted by Ceceme (not verified) on Apr 3rd 2013.

Hi, I am a USC and filed for my mother on Jan 3rd. I have been with my employer since 10/2011 but am now at the point where I would like to resign and return to school. Her EAD/AP has been approved and the other two docs are still showing initial review. If I resign, will this affect the case negatively. Other than a co-sponsor (I have none) will I be able to show a bank document or other affidavit of support?

Thanks,
CeCe

I130/1485

Submitted by Rajiv S. Khanna on Apr 3rd 2013.

CeCe, you must be able to demonstrate your ability to support her. Not knowing all the details, caution would nonetheless recommend you wait until she lands in USA.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

J-1 to Greencard

Submitted by Theron (not verified) on Apr 2nd 2013.

I am a USC and my girlfriend is a Korean who came to the US in February of 2013 on a J-1 visa. We are looking into getting married in May, filing for a marriage-based greencard, and then quit internship.

Her J-1 does not have a two-year residency requirement. It's clearly checked on her DS 2019 "not subject to two-year residence requirement"

She asked a Korean immigration lawyer and he told her that quitting her internship would in no way affect her greencard application; that once she files for her greencard she is legal to stay in the US even when her J-1 visa is voided.

Is this accurate?

J-1 to Greencard

Submitted by Rajiv S. Khanna on Apr 3rd 2013.

Once you file her I-130/I-485 package,that advice is correct.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-864

Submitted by Theron (not verified) on Apr 10th 2013.

I was working in Korea during most of 2011 and came back mid-2012 without a full time job so my most recent tax return from 2012 is very low. I have had a full time job since Dec. 2012 with an average annual income of around $25,000. With my current job I meet the 125% poverty guideline, but my latest tax return doesn't show this. Would submitting paycheck stubs and letters from my employer be enough? Should I get a joint sponsor to file with me?

I-864

Submitted by Rajiv S. Khanna on Apr 10th 2013.

Government can examine secondary evidence like pay stubs, if the latest tax return does not show your current situation. If the they do not accept that, usually, they should give you an opportunity to get a join sponsor. So, submit all evidence you have at one go, when you first file.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Affadavits for I-130

Submitted by Theron (not verified) on Apr 23rd 2013.

For the "Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the marital relationship"

Do they need to be notarized and set up like a legal affadavit or is it ok for them just to be signed letters from the witnesses with all the appropriate information?

Affidavits for I-130

Submitted by Rajiv S. Khanna on Apr 24th 2013.

Theron, in our FAQ somewhere there should be a sample. Generally, affidavits used in Federal matters do not have to be sworn, but they must be declared to be true under penalty of perjury. My advice: since affidavits are an important legal document, it may be best to ask a lawyer (not us :-)) to draft them for you.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Family Based Green Card for Children

Submitted by Zaw Oo (not verified) on Mar 21st 2013.

Hi
I want to ask question. I am green card holder and i have a son who is over 20. He will turn 21 on December ,2013. I have a plan to apply for him to come. Is he approved for minor children under 21? And how long will we wait for approving?

Family Based Green Card for Children

Submitted by Rajiv S. Khanna on Mar 22nd 2013.

You should apply for him quickly. Read up on CSPA.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Could not file I-751 without divorce

Submitted by Guest (not verified) on Mar 18th 2013.

hi i have very difrent situation my green card is going to expired on 07/01/13 and my sepration of divorce will be completed on may 15th.
i got some information from here that i couldnt file i751 with out divorce finalised so my question is if my divorce finalised after my green card expire can i apply for i751 if i am illegal that time of period?

Could not file I-751 without divorce

Submitted by Rajiv S. Khanna on Mar 18th 2013.

I do not recall the details, but there was some guidance from USCIS in 2009 (I think) that settled all divorce related issues in I-751. You will have to look for it. I advise getting a lawyer locally where you are.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-485 Denied/ motion to appeal denied. Please Help!

Submitted by SK (not verified) on Mar 11th 2013.

The details of my case are as follows: I got married to a US Citizen in September of 2010 in NY, NY. My husband filed for I-130 and that was approved almost a year later followed by a submission of I-485. I got my interview date for April 2012 and in June it was denied based on lack of proof to show that I came here legally. My passport was burned by my ex husband and I had a copy of my passport and the immigration stamp that has the date of when I entered the country but I do not have a copy of my I-94. I have already tried getting a duplicate for my I-94 which came with no results. After my denial my lawyer filed for motion to reappeal, I submitted affidavits from my parents saying that we all got the visa the same day and our visa numbers are consecutive with one missing that could potentially be my number, I also included affidavit of my uncle who picked me up at the airport. My motion to reappeal was also denied for the same reason of not being able to prove my entry. The decision of the denial came Mid December of 2012. I am awaiting the court date now and I am clueless to how much time it takes to get a court date. Meanwhile my employment authorization expired and had my lawyer submitted the reissue on time I would have received it based on pending status of my motion to reappeal. Now I am jobless and kind of hopeless. Can you please provide any possible solution to this problem? Or any ideas of the timelines. I really appreciate any insight that you can provide me.

I-485 Denied/ motion to appeal denied. Please Help!

Submitted by Rajiv S. Khanna on Mar 11th 2013.

SK, the timelines of immigration cous vary from place to place. Your lawyer can give you an estimate. You can try calling: http://www.justice.gov/eoir/sibpages/ICadr.htm

I think you should file a FOIA request with DOS to get a copy of your visa papers and a FOIA with CBP for I-94.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I am married to my husband

Submitted by Guest (not verified) on Apr 2nd 2013.

I am married to my husband since 2009 but they denied my case because of my residense paper and I re apply for i130 it's approve if I field the green card my question is if I am going to have a interview again for four times

I am married to my husband

Submitted by Rajiv S. Khanna on Apr 3rd 2013.

Ma'am, I cannot understand any of the issues you have mentioned. I think you need to get together with a lawyer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Parents have green card and applying for Citizenship

Submitted by Mihir Patel (not verified) on Mar 4th 2013.

Hi My Dads Brother is in Usa and via Family category my DAD got to USA and has green card now as he has completed 5 year stay in usa he is applying for citizenship.
Once he becomes citizen he will apply for me ( His Son Unmarried above 21).
Want to know how much time does it take and what category visa will i get.
I am currently in india and my dad is expected to be citizen in 5-6 months.

Parents have green card and applying for Citizenship

Submitted by Rajiv S. Khanna on Mar 5th 2013.

Mihir ji, keep an eye on the Visa Bulletin: http://www.immigration.com/visa-bulletin

Going by current Visa Bulletin, Family Category F1 is backed up about 7 years: http://www.immigration.com/visa-bulletin/visa-bulletin-march-2013

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Follow to Join

Submitted by patys (not verified) on Feb 23rd 2013.

hi, im spouse of lpr trough process of f2a category my pd is april 2011 and im pregnant in 6 months right now , ill deliver my baby before getting visa because my pd will be current arround august 2013
i want to know the process, what should i do ? what will be the process with my consulate when ill receive my interview? a lawyer adviced me to not go by the process of nvc and call my consulate until getting my packet what is the process?

Follow to Join

Submitted by Rajiv S. Khanna on Feb 25th 2013.

Huh? That advice makes no sense. This is not likely to be a big issue. Join me in the next free community conference call or send an email to the consulate and then run by me what they say. The easiest thing would be to postpone the interview once. When the baby is in this world, he/she will get the green card with you at the interview. Figure out the details from the consulate. There is also no problem if you decide to go for the interview. As I recall, you will be able to bring the child in with and then apply for a green here, in USA.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Applying GC for my Mother

Submitted by Guest (not verified) on Feb 22nd 2013.

I am about to apply GC for my mom. She is currently in Michigan with my brother and I live in California. I wanted to check whether she needs to be with me in California while filing for GC. Thanks

Applying GC for my Mother

Submitted by Rajiv S. Khanna on Feb 25th 2013.

She does not have to be with you when you apply. Log in to the next free community conference call. Remind me to talk to you about these: 1. Domicile for AOS and the 2. issue of preconceived intent.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Bringing my 14 year son to live in USA

Submitted by Dina R (not verified) on Feb 19th 2013.

Hi, I am am American Citizen by birth, As a child my family moved to Canada where I am a permanent Resident. I want to move back the the USA and have a 14 year old son. I know I have to file I-30 Petition for him as well as my husband who is Canadian. I am moving back before they immigrate and was wondering if there was a way that my son can come with me while waiting for his approval, I keep seeing comments saying filing from withing the USA if your child entered legally, how does he enter legally before filing? I really want him to start high school there.....
Thank you

Bringing my 14 year son to live in USA

Submitted by Rajiv S. Khanna on Feb 20th 2013.

Dina, call in to our next free community conference call. I will explain what I think you should do. For your son, read this also: http://www.uscis.gov/files/form/n-600instr.pdf

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Thank you

Submitted by Dina R (not verified) on Feb 20th 2013.

Thank you, when is the next community conference call?

Community Conference Call

Submitted by Rajiv S. Khanna on Feb 21st 2013.

Feb 28. We have one every other Thursday.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Conditional green card expired

Submitted by Guest (not verified) on Feb 16th 2013.

Hi,
I'm a CPR my green card was expired last nov 1 2012, but we already filled I-751 petition,I got a receipt from the uscis that my CPR is extended for a year and allowed to travel and employment I'm done with biometrics too. I have a problem with employment bec the ADP rejected my documents bec its expired, I submitted my states id and social security card but still rejected.any advice? And how long it take for the processing of I-751.
Thank u

CPR expired

Submitted by Guest (not verified) on Feb 18th 2013.

Thank you very much for the reply it is very informative and guide what will be my next step, in addition with this I make an appointment to speak with the immigration officer this coming 25th do you think it is helpful before I contact the congressman in my state where I live?

Conditional green card expired

Submitted by Rajiv S. Khanna on Feb 17th 2013.

If I were you, I would just contact my Congressman. Let them sort it out for you across all these agencies. See this:
http://www.immigration.com/media/ombudsman/contacting-members-congress-a...

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Family base GC - spouse

Submitted by Tania (not verified) on Feb 8th 2013.

Hola, My husband and I hired an immigrant laywer yet am not sure if the process she recommends is ok, i see the level of expertise of yours, allow me a consultation pls: Im Mexican living in MX, entering back and forth US with non immigrant visa, my husband is USC, we got married in GA 01/02 and planning to apply consular process. Our firm says that after filing the i130 and in case of being approved will go to Cd Juarez to meet consul for approval, question is, is there any way to get a US work permit after filling i130 and not wait in MX for the whole process? Appreciate yourn guide, TR

Family base GC - spouse

Submitted by Rajiv S. Khanna on Feb 8th 2013.

K-3 visa, Tania.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Co Sponsor

Submitted by melodia26 (not verified) on Jan 28th 2013.

Hi! I am a USC married to my husband who came here on a student visa. We got married 08-2012. And then his visa expired 09-2012. Then I decided to consult a lawyer about our situation and the lawyer told me that I would be needing a co sponsor for me to be able to petition my husband. But now my problem is I have no income tax returns from the past 3yrs. And we already did our best to find a co sponsor but with no luck.

Now my questions are:

- Is there any other way for me to be able to petition my husband that won't require a co sponsor?

- Does a support letter can be a replacement

Co Sponsor

Submitted by Rajiv S. Khanna on Jan 29th 2013.

A support letter is not enough. You need a co sponsor if you (and he) are not yet making enough money.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Family Petition

Submitted by Guest (not verified) on Jan 24th 2013.

I filed petition for my sister and her family in Vietnam to immigrate to US for nearly 10 years ago, just recently my sister passed away, so Can my application still be continued for my sister's family (her husband and kids)? what should I do now?

Family Petition

Submitted by Rajiv S. Khanna on Jan 25th 2013.

I do not think you can, It appears both Section 204 of INA and humanitarian reinstatement may be inapplicable. You MUST seek a one on one consultation with a lawyer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Green card son most of the time outside USA

Submitted by Guest (not verified) on Jan 24th 2013.

My son is 14 years old .he has 2 year green card.he was visit usa 2 time during the summer.rest of time he is in russsia he study there. how long he can stay out of usa?

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