Immigratiopn Advice
Know your rights: Legal issues involving sponsorship of family members
Know your rights: Legal issues involving sponsorship of family members
By Irene Wren and Huma Ahsan
Many people may be eligible for permanent resident status (green card) through a family member who is a U.S. citizen or a permanent
resident. The process of completing and submitting an application for a permanent resident status through your relative can be both costly and
confusing. We’d like to provide AWiz readers with general information regarding this process and to answer general questions about which
family members may be sponsored. A person may obtain permanent residence through a family member who is a U.S. citizen or a permanent
resident of the U.S.
If I am a U.S. citizen, who can I sponsor?
If you are a U.S. citizen, you can sponsor the following family members: parents; spouse; minor children; children over 21 even if married;
brothers and sisters; and fiancée who is outside the U.S.
If I am a permanent resident, who can I sponsor?
If you are a permanent resident, you can sponsor the following family members: your spouse; minor children; and children over 21 years
old who are not married.
Obtaining permanent resident status for family members who are not in the U.S. is difficult and is done so only on a limited basis.
What are frequent problems which occur during the sponsorship process which can cause a delay or a denial?
Some problems (which may need to be resolved by an immigration attorney) include, for example:
-the length of time to process the paperwork through the USCIS and the U.S. Consulate in the home country;
-getting the correct required documents that are originals;
-if you are a permanent resident, there is a quota system which will cause delays of a few years in processing, and you need to know how
to follow the quota system;
-criminal records of the sponsor or the family member.
What if my family member is in the U.S. and is illegal?
In certain circumstances, especially if you are a U.S. citizen, it is possible to sponsor a family member who is not legally in the U.S. as far
as the Immigration Service is concerned. If you are a permanent resident visa holder, the rules are different, and you may not be able to go
beyond the sponsorship forms (the petition). Consult an attorney, in either event as the circumstances may be different for each situation. We
will be happy to give individual advice.
The information being provided is for general information and education for the public and should not be construed as professional legal
advice or opinion about your particular situation. While this article provides a very general look at the process of filing for permanent
residence for family members, every person faces different circumstances, which ultimately effect the outcome of their immigration status.
Please consult an immigration attorney for further information about your particular situation. If you have general questions about immigration
or immigration policy which you would like to be discussed in this column, please feel free to email those questions to: wrenlaw@tds.net
About the authors:
Atty. Irene Wren received her law degree from UW-Madison and has been practicing immigration law since 1984, specializing in
employment based immigration services.
Attorney Huma Ahsan was born to immigrant parents who came to the United States in the 1960s. Huma Ahsan is a first generation Indian
American and has seen the first hand effects of the American immigration policy. She obtained her law degree from Stetson College of Law in
St. Petersburg, FL in 1999. Both attorneys are license to practice law in the State of Wisconsin.
You may contact them at: (608) 250-3495 or visit them on the web at www.wrenimmigrationlaw.com.
Many people may be eligible for permanent resident status (green card) through a family member who is a U.S. citizen or a permanent
resident. The process of completing and submitting an application for a permanent resident status through your relative can be both costly and
confusing. We’d like to provide AWiz readers with general information regarding this process and to answer general questions about which
family members may be sponsored. A person may obtain permanent residence through a family member who is a U.S. citizen or a permanent
resident of the U.S.
If I am a U.S. citizen, who can I sponsor?
If you are a U.S. citizen, you can sponsor the following family members: parents; spouse; minor children; children over 21 even if married;
brothers and sisters; and fiancée who is outside the U.S.
If I am a permanent resident, who can I sponsor?
If you are a permanent resident, you can sponsor the following family members: your spouse; minor children; and children over 21 years
old who are not married.
Obtaining permanent resident status for family members who are not in the U.S. is difficult and is done so only on a limited basis.
What are frequent problems which occur during the sponsorship process which can cause a delay or a denial?
Some problems (which may need to be resolved by an immigration attorney) include, for example:
-the length of time to process the paperwork through the USCIS and the U.S. Consulate in the home country;
-getting the correct required documents that are originals;
-if you are a permanent resident, there is a quota system which will cause delays of a few years in processing, and you need to know how
to follow the quota system;
-criminal records of the sponsor or the family member.
What if my family member is in the U.S. and is illegal?
In certain circumstances, especially if you are a U.S. citizen, it is possible to sponsor a family member who is not legally in the U.S. as far
as the Immigration Service is concerned. If you are a permanent resident visa holder, the rules are different, and you may not be able to go
beyond the sponsorship forms (the petition). Consult an attorney, in either event as the circumstances may be different for each situation. We
will be happy to give individual advice.
The information being provided is for general information and education for the public and should not be construed as professional legal
advice or opinion about your particular situation. While this article provides a very general look at the process of filing for permanent
residence for family members, every person faces different circumstances, which ultimately effect the outcome of their immigration status.
Please consult an immigration attorney for further information about your particular situation. If you have general questions about immigration
or immigration policy which you would like to be discussed in this column, please feel free to email those questions to: wrenlaw@tds.net
About the authors:
Atty. Irene Wren received her law degree from UW-Madison and has been practicing immigration law since 1984, specializing in
employment based immigration services.
Attorney Huma Ahsan was born to immigrant parents who came to the United States in the 1960s. Huma Ahsan is a first generation Indian
American and has seen the first hand effects of the American immigration policy. She obtained her law degree from Stetson College of Law in
St. Petersburg, FL in 1999. Both attorneys are license to practice law in the State of Wisconsin.
You may contact them at: (608) 250-3495 or visit them on the web at www.wrenimmigrationlaw.com.