Asian Journal- The Filipino-American Community Newspaper

A US citizen (USC) may file an immigrant petition in behalf of his or her alien spouse. This type of petition belongs to the Immediate Relative (IR) category.

The IR category is restricted to the following beneficiaries: minor and unmarried child of USC, spouse of USC, and parents of USC.

Qualifying as an immediate relative of USC has several advantages under US immigration laws and regulations.

Unlike beneficiaries who belong to the 1st, 2nd, 3rd, and 4th preference family-based categories, immediate relatives are not subject to numerical visa limits. Immigrant visas are readily available to them and they may apply for permanent resident status at any time. For this reason, immediate relatives are usually able to obtain lawful permanent resident status within a shorter period of time compared to beneficiaries from other family-based categories.

Finally, unlike beneficiaries from other family-based categories, immediate relatives who have become out-of-status are still allowed to apply and obtain lawful permanent resident status here in the US regardless of the length of time they have failed to maintain their lawful nonimmigrant status.

Despite their special privileges, however, immediate relatives are not exempt from grounds of inadmissibility where applicable under US immigration laws. For instance, their applications for lawful permanent resident status could still get denied if they have committed fraud or a crime in the past in addition to becoming out-of-status.

Further, please note that there are generally no derivative beneficiaries in immigration cases that belong to the IR category. Thus, an immigrant petition filed by a USC in behalf of his or her spouse will not enable their minor and unmarried child to migrate to the US A separate immigrant petition must be filed by the USC in behalf of said child.

In order for a spousal petition filed by a USC to get approved, the USC and his or her alien spouse must prove the following:

- the petitioner is a USC;

- the USC and the alien spouse are legally married and are still married to each other;

- the USC and the alien spouse have genuine relationship as a couple (the marriage was not entered into for immigration purposes only);

- the alien spouse has adequate means of financial support and is not likely to become a public charge;

- the alien spouse is not inadmissible to the United States on public health grounds or on the basis of other grounds specifically enumerated under US immigration laws (i.e., fraud, etc.);

- the alien spouse, if in the US, was legally inspected during his or her entry into the US; and

- the USC was not convicted of a specified offense against a minor (i.e., kidnapping of minor, sex offense against minor, etc.).

Because immigration laws, regulations, and policies are in a constant state of flux, it is always advisable to seek the counsel of an experienced and reputable immigration attorney who could assist you in your immigration case.

If you want to know more about this topic, please call us at (626) 331-8188 or (818) 956-8844 and schedule an appointment for your free initial office consultation. You may also visit us at www.palacioslawfirm.com.

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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios. He has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before US Immigration Courts, the US Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers’ Association. His offices are located at 100 North Brand Boulevard, Suite 600 , Glendale , California 91203 and at 800 South Barranca Avenue, Suite 250 , Covina , California 91723 .

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The above article does not, and is not intended to, constitute legal advice for a specific immigration problem and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm’s opinions and views on general issues.