Family and deportation proceedings
People who are U.S. citizens can sponsor their parents, spouse and children under 21 years of age for an immigrant visa. These immediate relatives are not subject to a quota or waiting list.
Fiancee visas can also be arranged for prospective spouses, subject to certain conditions. On June 13, 2006, the Department of Homeland Security announced new guidelines for fiancee visas. These guidelines were made retroactive for many applicants. The new rules require the U.S. citizen to disclose whether a dating service was used, and the U.S. citizen must disclose any criminal convictions, providing certified copies of the criminal record to the government. The government may then disclose the criminal record information to the foreign fiancee.
People who are U.S. citizens can sponsor adult sons/daughters and brothers/sisters, but these are subject to a quota/waiting list, and their priority date rank will depend on whether or not they are married (for sons/daughters) and country of nationality.
The spouses and children of adult sons/daughters and brothers/sisters and are called “derivative beneficiaries” and different issues may arise with them. Lawful permanent residents can sponsor spouses, children and unmarried sons/daughters. These relatives may be subject to a quota and waiting list, depending on the country of nationality. Foreign nationals from Mexico, China, India and the Philippines are subject to separate quotas (meaning a waiting list) for all the non-immediate relative family-based categories.
All family-based sponsorship requires the sponsor to meet federal poverty guidelines for such sponsorship in order to prove that the family has enough income or resources to support itself. A chart is published based on family size and required income. The sponsor will be required to provide income tax returns for the past three years and recent proof of salary/income. If the sponsor does not meet the guidelines, the foreign national will need to obtain a joint or co-sponsor. Sometimes the foreign national can be a co-sponsor, depending on the local CIS office and officer.
If you would like to sponsor a family member or a fiancee, please contact us to speak with an attorney today.