If you are a legal permanent resident in the United States, then you are afforded certain benefits that are not given to non-immigrations, and can sponsor your family members to join you in the US
More information about the process for Family Based Green Card
Legal permanent residents in the United States (aka “green card holders”) are afforded benefits that are not available to non-immigrants, including an unrestricted (within legal bounds) ability to work in the US. As well, US citizens and legal permanent residents can sponsor qualifying family members for permanent residence. Spouses and children are the primary beneficiaries of these applications. To proceed with this sponsorship, the US sponsor files an I-130 on behalf of the beneficiary, and the beneficiary either files adjustment of status applications (from within the US) or applies for consular processing to be completed at the consulate nearest their home.
The US sponsor is required to show that they can financially support the beneficiary, and if their income is not sufficient to do so, the US sponsor must find a joint sponsor who has the financial means, ability, and desire to also support the beneficiary.
For US permanent residents applying to sponsor a spouse, if the couple have been married for less than two years, the beneficiary spouse will only receive a two year green card, and will need to apply to remove the conditions on their green card before the two years expires by proving the continued authenticity of their marriage.
Frequently asked questions about Family Based Green Card
1. Is there a backlog for a family based green card?
Visas are always available for immediate family members (spouses of US Citizens, children – unmarried and under 21 of US citizens, and parents of US citizens). Any other qualified family member is subject to a preference-based category based on their relationship, and in some cases, age, to the sponsor. Those subject to a preference category will need to wait for their priority date, the date United States Citizenship and Immigration Services (USCIS) receives the I-130 application, to be current before they can proceed with the application.
2. My spouse and I have been in a common law marriage for several years. Can I sponsor him/her for a green card?
No, the US does not recognize common law marriage.
3. Can I apply to sponsor my same-sex spouse?
Yes, as of 2013, the US recognizes same sex marriage.
4. Will there be an interview?
Yes. Spouses will be asked to go to a local USCIS office to interview with an officer if an adjustment of status application was filed. An interview is necessary for any consular processing application, with a few age-based exceptions.
5. Can I sponsor my spouse even if we are not currently in the US?
Yes, as long as you intend to reside in the US once your spouse has the green card.
Why should you hire Mamann, Sandaluk & Kingwell to represent you?
Mamann, Sandaluk & Kingwell LLP is one of Canada’s largest and most established immigration law firms. We work with individuals, families, and businesses across the globe to resolve all types of Canadian and U.S. immigration issues. Regardless of how large or small your immigration problems may be, our firm is here to help you at every step of the way. Please contact our office to speak with one of our qualified US Immigration Attorneys to discuss your options for an employment based green card.
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