Law Office of
Jeffrey B.Peltz, P.C.
26 Court Street, Ste. 503
Brooklyn, New York 11242
Telephone: (718) 625-0800
You can obtain the right to live and work in the United States without time limitations, as a result of sponsorship by an immediate relative who is either a U.S. citizen or a permanent resident. This immediate relative is permitted to sponsor a spouse, children, parents, brothers and sisters (in the latter two situations, the immediate relative must be a U. S. citizen).
An American citizen may sponsor a spouse for a Green Card without regard to family preference; a spouse, being an immediate relative, is not subject to numerical limitations of any kind. Under these conditions, a Green Card is usually issued to the immigrant spouse in six to twelve months. Similarly, an adult U.S. citizen may sponsor his or her parents
But the spouse of a permanent resident, that is, a Green Card holder, must wait about 2- 3 years for a Green Card. In the latter case, the spouse is classified under the “Second Preference” category, which is subject to annual numerical limitations.
Because of the Marriage Fraud Amendments enacted under the 1986 Immigration Reform and Control Act, it is now harder to obtain a Green Card, even for
the spouse of a citizen or Green Card holder. The reason for these amendments was to halt the practice of marrying solely for Green Card purposes.
Now, if a marriage is less than two years old when the citizen and immigrant spouse attend the Immigration and Naturalization Service interview, the
immigrant spouse receives a “conditional” Green Card, which is valid for two years. During that time, both parties go to the office of
the Immigration and Naturalization Service for a final interview, where they must prove that the marriage is genuine, not entered into for the purpose
of acquiring a Green Card. If the interviewing officer is satisfied that this is the case, the immigrant spouse receives a permanent Green Card and the
right to permanent residence.
There are now four preference categories that allow for those with close enough family ties to immigrate to the U.S.
In summary, family relationships of varying kinds, as between aliens (non
U.S. nationals) and U.S. citizens or permanent residents, are the most important
bases on which the overwhelming majority of immigration visas are sought and
granted every year.
For more information call us at (718) 625-0800 to schedule a free consultation.
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