YOU can bring your family to the United States if you are a U.S. citizen, Legal Permanent Resident or U.S. non-immigrant.
A U.S. citizen or Legal Permanent Resident (LPR) needs to file Form I-130 immigrant petition for the alien relative. Visas are immediately available for the parents, spouses and unmarried minor children of a U.S. citizen. Any unmarried son or daughter of a U.S. citizen 21 years of age and above will have to wait 6-16 years (depending on your country of chargeability) before visas become available. For the married son or daughter and siblings of a U.S. citizen the waiting period may even take longer.
Legal Permanent Residents can also bring their spouses and unmarried minor children but the waiting period is 4-7 years depending on which country they were born. They can also petition for their unmarried son or daughter 21 years or age and above but cannot petition married children, parents, brothers or sisters.
U.S. non-immigrants (such as students, specialty workers, intracompany transferees, trainees, etc.) can also bring their loved ones to the United States. There are no numerical limits or processing delays related with dependent visas. Medical examination is also not required.
Immediate relatives of U.S. citizens (parents, spouses and unmarried minor children) are not subject to numerical limitation but it may take 8-12 months before the relative can obtain his/her immigrant visa. The process may take longer if required additional documents are not submitted promptly. Some Consular Officers may require DNA testing if birth records presented are insufficient.
As part of the regular process, the relatives of U.S. citizens and Legal Permanent Residents will be required to take medical examination prior to their interview. Certain health issues and presence of illegal drugs found in the system of the applicant may cause further delay or denial of the application. Criminal conviction is also another cause for denial and possible lifetime bar.
Petitioning a relative seems easy but lack of knowledge about the process could turn money, effort and time spent on the case into tremendous frustration. That is why it is very important to consult with lawyers or people who have the knowledge, experience and qualification to ensure success of your application.
Bander Law Firm, LLP has been providing immigration services for over 15 years and has multilingual staff who can communicate effectively in Tagalog, Spanish, Sinhala, Farsi and Mandarin. Our firm provides free initial consultation on immigration matters, except criminal-related matters. Please feel free to call Bander Law Firm, LLP at 213-873-4333 to schedule your free initial consultation. To learn more about immigration concerns and read previous columns, visit www.BanderLaw.com.
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Atty. Joel R. Bander is the partner of Bander Law Firm, LLP. With over 15 years of litigation and immigration experience, Mr. Bander is a leading litigator and accomplished trial strategist. He has successfully handled numerous cases before Federal, State, Civil, and Criminal Judges and has participated in hundreds of arbitrations and trials.
Bander Law Firm, LLP Downtown office address: 1055 W. 7th Street, Suite 1950, Los Angeles, CA, 90017. Tel: (213) 873–4333 Fax: (213) 873–4334. San Gabriel Office address: 1045 E. Valley Blvd., #A215, San Gabriel, CA 91776. Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
( Published on March 14, 2009 in Asian Journal Los Angeles p. C3 )
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