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Immigration Laws

United States citizens and lawful permanent residents of the United States are legally entitled to petition on behalf of certain foreign relatives. United States citizens over the age of 21 are entitled to file immediate relative petitions on behalf of their spouses, minor unmarried children, and parents; these visas are available in unlimited quantities, generally with a total processing time of less than one year. U.S. citizens over 21 can also petition for adult children over the age of 21, both married and unmarried, as well as for brothers and sisters and their spouses and children. These categories are subject to specific numerical limitations and vary from country to country. For example, a U.S. citizen petitioning for a brother and sister can expect to wait 12-15 years before a visa becomes available.

Lawful permanent residents are entitled to petition for spouses, minor children, and adult unmarried children. Since each of these categories have a specific annual number of visas available, delays of several years can be expected.

When a U.S. citizen intends to file for an adult child or for a brother or sister, and when a lawful permanent resident files for a spouse or unmarried child, it is important to file the Immigrant petition as soon as possible. Upon filing, a "priority date" is established. This is the date when the person effectively begins "standing in line." As the number of visas available slowly progresses, the filing date of the petition will be important in determining when the alien relative can receive the immigration benefits.

Specific laws exist to discourage foreign persons from marrying U.S. citizens or residents solely for the purpose of deriving immigration benefits. These fraudulent marriages are carefully scrutinized by the Immigration Service, and both the alien and U.S. citizen or resident spouse face possible prosecution and incarceration.

Immigrant visa papers on behalf of relatives may be filed directly by the U.S. resident or citizen petitioner. The U.S. citizen or resident may also utilize the services of a U.S. attorney or charitable organization to ensure that the filing of the documentation is complete and accurate.

 

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