Family-based immigration allows for aliens to enter the country upon the sponsorship of relatives that permanently reside in the United States.

Under the Immigration and Nationality Act, U.S. citizens and green card holders, otherwise known as Lawful Permanent Residents (LPR), are permitted to sponsor the immigration of foreigners to the United States based upon family relationships.

The timeline for receipt of a visa depends on the applicant’s relation to the U.S. citizen or Lawful Permanent Resident and can take anywhere from 90 days to 14 years. Not all family relationships serve as a basis to apply for Lawful Permanent Resident Status.

A U.S. Citizen (USC) may file a petition on behalf of his or her:

• Husband, wife or child under the age of 21 of USC (immediate relative)
• Widow(er) of USC
• Orphan child (under 16) adopted by USC
• Parents of USC
• An unmarried son or daughter 21 years or older and their children of USC
• Brother or sister of the USC is at least 21 years old and his or her spouses and children.

A Lawful Permanent Resident (LPR) can file a petition on behalf of his or her:

• Husband or wife, and children under the age of 21 (second preference A)
• Unmarried child 21 years or older (second preference B)

To see if you can bring a loved one to the United States, call Tully Rinckey PLLC at (518) 218-7100 today to set up an appointment with our experienced attorneys.