Asian Journal- The Filipino-American Community Newspaper

You can bring your family to the United States if you are a US citizen, legal permanent resident (LPR) or US non-immigrant.

A US citizen or 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 US citizen. Any unmarried son or daughter of a US 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 US 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.

US 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 US 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 US citizens and LPR’s 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, Sinhalese, Portuguese, 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.