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Immigration Law 101: Family Immigration

Learn about the family immigration process in the United States, including who can sponsor a relative, the wait times, and the status that family members end up with. Get tips and tricks for a smoother immigration journey.

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Immigration Law 101: Family Immigration

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  1. Immigration Law 101:Family Immigration Presentation by Todd Gallinger Gallinger Law Phone: (949) 862-0010 Fax: (949) 861-6582 Email: tgallinger@gallingerlaw.com

  2. Overview Q&A • Who can bring a relative to the United States? • Citizens & Permanent Residents (Green Card) • What relatives can they sponsor? • Children, spouses, parents, siblings, and fiancés. • How long does it take? • The wait period varies depending on the relationship and immigration status of the sponsor. • What status do the family members end up with? • Permanent resident status (Green Cards)

  3. Immediate Relatives of Citizens • No quota on # of visas, means no wait for visas other than processing time (generally 1 – 1 ½ years). • Applies to: • Spouses • Parents of Adult (over 21) • Minor children (under 21) • Downside – no Derivative Status

  4. Available to both US Citizens and Green Card Holders Has quotas, wait from 5-20 years, plus processing time. Times different for China, India, Mexico, and the Philippines First Category: Unmarried Sons and Daughters (any age) of US Citizens Wait approximately 6 ½ years Preference Categories

  5. Second Category: Spouses and Children (under 21) of Permanent Residents Wait approximately 5 years Unmarried sons and Daughters of Permanent Residents Wait approximately 9 years Preference Categories(Continued)

  6. Preference Categories(Continued) • Third Category: • Married sons and daughters (any age) of US Citizens • Wait approximately 9 years • Fourth Category: • Siblings of US Citizens • Wait approximately 11 years

  7. How to Apply • Petition • Form I-130 • Establishes relationship • Starts wait time for quota • Always filed in US w USCIS • USCIS Fees of $355

  8. How to Apply • Application • Form I-485 • Actual application for green card • Can be filed in US or at consulates • Normal processing time of 1 to 1 ½ years • For “Immediate Relative”, filed same time as petition, for others, filed when petition is approved • USCIS Fees of $1010

  9. How to Apply • Work Authorization • Form I-765 • Granted for “Immediate Relatives” while application in process • Approximately 3 months to process • No fee when filed with I-485

  10. How to Apply • Travel Authorization – Advance Parole • Form I-131 • Allows entry to the US while application is pending • Granted for “Immediate Relatives” while application in process • Approximately 3 months to process • No fee when filed with I-485

  11. “Fiancé” Visa • K-Visa • Form I-129F • Available to fiancés and spouses • Faster processing at embassies, approximately 6-8 months • Fee of $455 for fiancés, no fee when filed with I-130 for spouse

  12. Tips & Tricks • Get your citizenship • Apply early & apply often • Chain to bring in more distant relatives • If want to bring family of immediate relative, may be better options

  13. Presentation by: Todd Gallinger Gallinger Law 20 Truman, Suite 109 Irvine, CA 92620 Phone: (949) 862-0010 Fax: (949) 861-6582 Email: tgallinger@gallingerlaw.com

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