Family Immigrants

Most legal residents qualify through family petitions. Adult U.S. citizens can file petitions for spouses, sons and daughters, parents and brothers and sisters. Legal permanent residents can only file for spouses and unmarried sons and daughters. With the exception of Immediate Relatives [spouses, parents and unmarried children (under 21) of the U.S. citizens], there are quotas, i.e. waiting periods. The current Visa Bulletin can be found at http://travel.state.gov/visa_bulletin.html, showing the quota backlogs, is provided below. The brother/sister category is backlogged 12 years. Filing of the petition establishes the "priority date" against which the Visa Bulletin is compared. However, filing of a petition does not accord any benefit to the relative, who must wait to apply for residence until the priority date is current. If the relative finds himself/herself to be illegally in the U.S., the government can remove (deport) the alien notwithstanding an approved petition. In some cases, if the priority date is current, such an individual may be able to adjust status in the U.S. This can often involve a complex application of several different Immigration law provisions. Likewise, overcoming grounds of inadmissibility and/or establishing eligibility for available waivers, can be confusing and difficult even for experienced immigration practitioners.