Will Parents of US Citizens Get US Citizenship?
The immigration process in the United States has become increasingly complex in recent years. One of the essential questions that many people have been asking is whether parents of US citizens can gain US citizenship.
If you are interested in learning more about this subject, this blog post will provide you with the necessary information.
No Automatic Citizenship
Firstly, it is essential to understand that being a parent of a US citizen does not automatically grant you US citizenship. This means that even if you are a parent to a US citizen and have been living with them in the US, you will need to go through the naturalization process to become a US citizen.
Application for Citizenship Starts with Residency
Secondly, you can only apply for US citizenship once you have met all the necessary requirements. To become a US citizen, you must first become a permanent resident, also known as a green card holder, and have lived in the United States for at least five years in that status. You must also demonstrate good moral character, be at least 18 years old, speak English, and pass a citizenship test.
Sponsorship by Children
One way parents of US citizens can gain US citizenship is by being sponsored by their children. The process of sponsoring a parent can be lengthy and tedious, and you should seek the services of a qualified immigration attorney to help guide you through.
Reach Out to the Immigration Professionals at Hurtubise Weber Law
Due to the lengthy and complex process, we advise that you, seek the services of a qualified immigration attorney at Hurtubise Weber Law to help you navigate through the requirements. With patience and perseverance, parents of US citizens can eventually gain US citizenship and enjoy the full benefits and opportunities that come with it.
How Much Time Does the F3 Family-Based Visa Take?
Are you planning to sponsor a family member for F3 Family-Based Visa? One of the most common questions we receive at Hurtubise Weber Law is how long the F3 visa process takes. Anyone who has gone through the immigration process before knows how confusing and overwhelming it can be, but we're here to help provide some clarity. In this blog post, we'll give you an overview of what to expect and how long you can expect the process to take, so you can plan accordingly.
What is the F3 Visa?
First, let's talk about what the F3 Family-Based Visa is and for whom it is intended. The F3 Family-Based Visa is a family-sponsored immigration visa that allows US citizens to bring their married children, who are over the age of 21, to the United States.
Average Timeframes for Obtaining the F3 Visa
While the F3 Family-Based Visa provides a pathway to permanent residency for your loved ones, the process can take a significant amount of time. The exact waiting period varies based on several factors such as the number of visa applications, the country of origin, and the availability of immigration resources, among others. Estimated processing time currently range between 15 and 25 years. Despite the wait, the F3 Family-Based Visa can offer a valuable opportunity for reuniting with family members and creating new memories together.
The Process for Sponsoring a Family Member for F3 Family-Based Visa
Bringing a family member to the United States through the F3 Family-Based Visa can be a complex process, but ultimately rewarding for both the sponsor and the beneficiary. The process requires careful attention to detail, including submitting a Petition for Alien Relative, paying fees, and waiting for a visa number to become available. It's important to understand the eligibility requirements and follow the steps precisely, as mistakes can result in delays or even denial. With patience and the guidance of experienced immigration professionals, sponsors can successfully navigate the F3 Family-Based Visa process and eventually be reunited with their loved ones in the United States. Here are some of the crucial steps:
Filing a Form I-130
The first step in starting the F3 Family-Based Visa process is for the U.S. citizen Petitioner to file Form I-130, Petition for Alien Relative. This petition tells the US government that you want to sponsor your family member for a visa. Current estimates processing time is 8 to 10 years.
After Approval
Once this petition is approved, the National Visa Center (NVC) will begin processing the immigrant visa or “green card” application for the foreign national son or daughter. This is when the foreign national will pay theyour visa application fees, complete a DS-260 application, and submit required documentation. Once an immigrant visa becomes available, the case will then be sent to the U.S. embassy or consulate in the country where the foreign national legally resides.
The Interview Process
The embassy or consulate will schedule an interview for the foreign national to attend. This interview will determine if the foreign national is eligible for a visa. If deemed eligible, the embassy or consulate will issue the visa. The average timeline for this step is generally about 6-12 months.
Work with an Experienced Attorney to Expedite the Process
The F3 Family-Based Visa process can be a lengthy one, so it is important to start the process as soon as possible. It's also important to keep in mind that these timelines are estimates and individual cases may vary, so it's important to work with an experienced immigration attorney who can guide you through the process. At Hurtubise Weber Law, our experienced attorneys are here to help you through every step of the F3 Family-Based Visa process. Contact us today to schedule a consultation and get started.
Can a Grandparent Petition for a Green Card for a Grandchild?
Grandparents share a special bond with their grandchildren. They love each other and create cherished memories that last a lifetime. If you are a grandparent who is a U.S. citizen or lawful permanent resident, you may wonder if you can sponsor your grandchild for a green card. The short answer is that direct sponsorship of a grandchild is not possible under immigration law. However, if you are a U.S. permanent resident then you can sponsor your unmarried child for a green card, and their child (your grandchild) may in some cases be able to be included as a derivative on your petition. The green card process can be complex and confusing. In this blog post, we’ll explore the requirements and limitations of the grandparent-grandchild relationship in sponsoring for a green card.
Deciding Eligibility, Marital Status, and Finances
To sponsor an unmarried child and grandchild for a green card, the grandparent must fulfill certain eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). First and foremost, the grandparent must be a lawful permanent resident of the United States. Secondly, the child must be unmarried, and remain unmarried throughout the green card/immigrant visa process. The grandchild must also be unmarried and remain unmarried throughout the process and must be under the age of 21 at the time the petition is filed. In some cases, the grandchild may “age out” of eligibility for the green card while the application is being processed. If the grandchild turns 21 while the application is still in process, then a formula will used to determine whether the grandchild is still eligible for a green card at the time that one becomes available. The grandparent will also need to prove that they have enough financial resources to support their child and grandchild and that the child is not likely to become a public charge.
Establishing the Relationship
One of the most important aspects of sponsoring a grandchild for a green card is the relationship between the grandparent and child and grandchild. The grandparent must prove a legal relationship with both the child and grandchild. USCIS will scrutinize the relationship to ensure that it meets the eligibility requirements.
Understanding the Limitations
The green card sponsorship process has a few significant limitations. The wait time is one of the most considerable limitations. Processing time varies widely and depends on the backlog of cases, the complexity of the case, and the specific facts of the situation. Currently, the wait time for family-based visas for minor children of lawful permanent residents ranges between around 18 months and decades.
Applying for a Nonimmigrant Visa
One solution to the extended waiting period is for the grandchild to apply for a nonimmigrant visa while waiting for the family-based green card petition to be approved. The grandchild can apply for a tourist visa or a student visa to travel to the U.S. to visit or attend school in the meantime. However, keep in mind that applying for a nonimmigrant visa does not guarantee approval. The grandchild has to demonstrate that they have strong ties to their home country, such as a job, a house, or a family, and that they do not intend to overstay their visa.
Contact an Experienced Immigration Lawyer Today!
Sponsoring a grandchild for a green card can be a complex and lengthy process. However, with the help of skilled immigration attorneys, the green card sponsorship process can be made easier. At Hurtubise Weber Law, we have experienced immigration lawyers who can guide you through the green card sponsorship process for your grandchild. Contact us today to schedule a consultation.
How To Go from a J-1 Visa to a Marriage-Based Green Card
A J-1 Visa is a part of a U.S. Department of State program which gives foreign nationals an opportunity to work, learn, teach, consult, research and more while in the U.S. The exchange visitor program allows an exchange of knowledge and expertise in art, education, and science in person and through experience and relationship.
J-1 Visa to Green Card
If during your stay in J-1 Visa status, you find yourself in love and discussing marriage to a U.S. citizen or permanent resident, you will need to understand the process for transitioning from a J-1 Visa to a green card through adjustment of status. Specific rules for J-1 Visa holders, especially the home residency requirement, affect whether you need to apply from abroad with consular processing or if you can apply from within the United States.
First you must find out whether the two-year “home residency requirement” applies to you. You must look at both your J-1 Visa stamp in your passport and the form DS-2019 that was issued by your sponsoring agency to make that determination. If the requirement does apply, then you must apply for the green card from abroad through the consular process or apply for a waiver of the requirement. If it does not, then you may be ready to start the marriage-based green card adjustment of status process.
Forms required for adjustment of status from a J-1 Visa to a Marriage-Based Green Card
1. Form I-130, Petition for Alien Relative, and Form I-130A, completed by the U.S. Citizen and foreign national
2. Form I-485, Application to Register Permanent Residence or Adjust Status, completed by the foreign national spouse
3. Form I-864, to prove financial ability to sponsor a green card applicant, completed by the U.S. Citizen .
4. Additional forms may apply
At Hurtubise Weber Law, we are here to answer your questions about the immigration processe. Contact us today to achieve all of your immigration goals as stress-free as possible.
Why is it Challenging to Get a Green Card Through Marriage in the USA?
Getting married is an exciting, life changing event! Green cards through marriage to U.S. citizens are common. However, it is important to work through the application process properly to obtain a green card through marriage. Missteps in the process may result in significant, long-term immigration problems.
Green Card Application Process
If the foreign national spouse resides in the U.S., then they may be eligible to complete the process through adjustment of status. Restrictions do apply, and it is important to consult an immigration lawyer before proceeding.
If the foreign national spouse resides outside of the U.S., then the U.S. citizen spouse must first submit an I-130 Petition for Alien Relative on their behalf. Once that is approved, the case will be transferred to the
National Visa Center (NVC). At this stage, you should expect to:
1. Choose an Agent
2. Pay fees
3. Submit an immigrant visa application
4. Submit documents to the NVC
Once the NVC has completed processing, the case will be transferred to the appropriate U.S. embassy or consulate abroad for an interview to be scheduled before an immigration officer.
Potential Issues During the Green Card Process
Immigration law and the green card process are deceptively complex. Therefore, it is important to seek legal assistance to ensure accuracy.
The green card process itself involves submission of lengthy, detailed forms and supporting documentation. Any errors, even seemingly harmless ones, may result in lengthy delays or denial of a green card application.
If the foreign national is in the U.S. and wishes to apply for adjustment of status, in general proof of a lawful entry must be provided. If the foreign national spouse has overstayed their visa, they may still be eligible to adjust status.
Criminal history, including certain arrests, convictions, and suspicion relating to gang or terrorist activity, may be a bar to a green card for the foreign national spouse.
Certain health issues may also be a bar to a green card for the foreign national spouse.
Prior immigration violations or deportation orders may additionally bar the foreign national spouse from receiving a green card.
A waiver may be available if the foreign national spouse is subject to a bar.
Contact Hurtubise Weber Law
Hurtubise Weber Law serves individuals in need of immigration services. Schedule a consultation for help with the processes and enabling a smooth transition for your family.
