Frequently Asked Questions About Permanent Residence for a Family Member
Immigration law in Denver, Colorado
Who applies for an immigrant visa for family members of US citizens or permanent residents?
Generally, citizens or permanent residents file an immigrant visa petition on behalf of a close relative. US citizens can sponsor their parents, spouse, sons and daughters (minors and adults, unmarried or married), and siblings. Lawful permanent residents can sponsor their spouse, minor children ad unmarried adult sons and daughters. You must be able to provide documentation proving the relationship and must prove that you can support your relative at 125% above the poverty line.
How long does it take?
There are a limited number of family-based immigrant visas available each year. Because of these limits, backlogs develop in the various categories of visas, and it can take many years to bring a relative to the US. See www. (visa bulletin) to view the dates for which visas are available.
Are there exceptions to who can apply?
Under the Violence Against Women Act of 1995, if a spouse or child has been emotionally or physically abused by the relative who would file the visa petition, the spouse or child may self-petition for an immigrant visa without the abuser's knowledge. This applies even if the battered spouse has been divorced or widowed from the abuser for up to two years.
Are there any other ways to become a permanent resident?
- Anyone who has been in the US since 1972 can apply to be a permanent resident.
- Each year 55,000 immigrant visas are available through the Diversity Visa (DV) lottery. The lottery is limited to countries that have had a relatively low immigration rate during the previous five years. Winners must show that they will not become public charges and that they have at least a high school education or a job that requires at least 2 years of training.
If you need legal help with your immigration case, or if you know someone who does, please contact us to set up an initial consultation.
