Legal Question in Immigration Law in Florida
i am a permanent resident by marriage how can my husband file for my children under 21 living here in the US
2 Answers from Attorneys
To obtain a green card for your family member, you must:
File Form I-130, Petition for Alien Relative
Provide proof of your status to demonstrate that you are a permanent resident.
Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
Submit proof of any legal name change for you or your family member (the beneficiary).
When petitioning for your relative, the following preference category applies:
Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as �Consular Processing.�
Your family member�s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on the �Check My Case Status� page. For visa availability information, see the �Visa Bulletin� page.
Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM
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