Montagut & Sobral Attorney at Law P.C.
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Through Family Member

Many of our clients obtain their permanent residence through a petition filed by a family member. US citizens can petition their spouses, children, parents and siblings. Permanent residents can sponsor their spouses and children. Many family petitions are subject to exceedingly long delays. Only the spouses, minor children and parents of U.S. citizens may apply for their green cards at the same time that the family petition is filed. In all other categories of cases, the applicants must wait for their case to become "current". For an explanation of the different categories of family immigration cases and information regarding approximately how long the case will take, click here for the State Department Visa Bulletin In order to petition for a family member, the person filing must be able to prove that they have the financial resources to provide for their family member's needs.

The Spouses, minor children and parents of US citizens may apply for their permanent residence even if they are no longer on a valid visa as long as they originally entered the country with a visa. In all other types of cases, the person who is being sponsored must be legal at the time that they file their green card application, unless the case was filed pursuant to Section 245(i) of the Immigration and Nationality Act. For information about 245(i), click on the link on our Immigration page. In order to petition for a family member, the person filing must be able to prove that they have the financial resources to provide for their family member's needs.

Spouses of US citizens who have been married less than two years at the time of the interview obtain a temporary green card for two years. Within 90 days of the two year anniversary of the approval, the spouse must apply to remove the "conditional" basis. If the application is approved, the applicant will obtain a "permanent" green card.
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