Embarking on the journey of family-based US immigration can be daunting, with numerous rules and varying wait times. We recently assisted a US citizen in sponsoring his family members – his father, mother, and sister – for green cards. This case study reveals the strategic approach adopted to overcome the unique challenges and timelines involved in family-based immigration.
The Initial Objective: Green Cards for Parents
In 2019, our client, a US citizen, sought our assistance to bring his father, mother, and sister to the United States. US immigration law permits US citizens to sponsor immediate family members, including parents and siblings. Each family member requires a separate USCIS Form I-130 Petition for Alien Relative.
While parents of a US citizen generally face no immigrant visa backlog, meaning quicker processing times, siblings often face a substantially longer wait – in this case, over 15 years due to visa backlogs.
Strategic Sponsoring: Utilizing Wait Times Efficiently
Given the immediate availability of immigrant visas for parents of US citizens, we swiftly filed the I-130 Petitions for the client’s parents. These petitions were promptly approved, leading to successful consular interviews and the issuance of their immigrant visas. Upon entering the United States, they received their green cards.
Sponsoring the Sister: Leveraging the Father’s Status
Upon obtaining his green card, the father immediately filed an I-130 Petition for his daughter. Despite her turning 21 during the process, she remained protected under the Child Status Protection Act (CSPA), avoiding the “age-out” issue. The sister’s I-130 was approved, allowing her to complete consular processing and secure her green card.
Conclusion: Family Reunited as US Permanent Residents
This strategic approach to family-based immigration resulted in the entire family obtaining green cards within three years – a remarkable achievement during the COVID pandemic. They are now all permanent residents of the United States, looking forward to applying for US citizenship through naturalization in five years.
This case exemplifies the importance of understanding US immigration law’s nuances, particularly regarding family-based immigration. Proper planning and knowledge of the rules and timelines can significantly streamline the process, even amidst challenging circumstances.
Green Cards for Family Members
US Citizenship & Naturalization
Additional Outside Resources
- US Department of State Visa Bulletin
- USCIS Form I-130 Petition for Alien Relative
- Child Status Protection Act (CSPA)
Subscribe to Our Resources Blog
Schedule a Consultation with an Immigration Lawyer
We Can Help!
You may have questions regarding U.S. immigration laws and visas. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
