Immigration Law 101: Family Immigration Presentation by Todd Gallinger Gallinger Law Phone: (949) Fax: (949)

Overview Q&A Who can bring a relative to the United States? –Citizens & Permanent Residents (Green Card) What relatives can they sponsor? –Children, spouses, parents, siblings, and fiancés. How long does it take? –The wait period varies depending on the relationship and immigration status of the sponsor. What status do the family members end up with? –Permanent resident status (Green Cards)

Immediate Relatives of Citizens No quota on # of visas, means no wait for visas other than processing time (generally 1 – 1 ½ years). Applies to: –Spouses –Parents of Adult (over 21) –Minor children (under 21) Downside – no Derivative Status

Preference Categories Available to both US Citizens and Green Card Holders Has quotas, wait from 5-20 years, plus processing time. Times different for China, India, Mexico, and the Philippines First Category: –Unmarried Sons and Daughters (any age) of US Citizens –Wait approximately 6 ½ years

Preference Categories(Continued) Second Category: –Spouses and Children (under 21) of Permanent Residents –Wait approximately 5 years –Unmarried sons and Daughters of Permanent Residents –Wait approximately 9 years

Preference Categories(Continued) Third Category: –Married sons and daughters (any age) of US Citizens –Wait approximately 9 years Fourth Category: –Siblings of US Citizens –Wait approximately 11 years

How to Apply Petition –Form I-130 –Establishes relationship –Starts wait time for quota –Always filed in US w USCIS –USCIS Fees of $355

How to Apply Application –Form I-485 –Actual application for green card –Can be filed in US or at consulates –Normal processing time of 1 to 1 ½ years –For “Immediate Relative”, filed same time as petition, for others, filed when petition is approved –USCIS Fees of $1010

How to Apply Work Authorization –Form I-765 –Granted for “Immediate Relatives” while application in process –Approximately 3 months to process –No fee when filed with I-485

How to Apply Travel Authorization – Advance Parole –Form I-131 –Allows entry to the US while application is pending –Granted for “Immediate Relatives” while application in process –Approximately 3 months to process –No fee when filed with I-485

“Fiancé” Visa K-Visa –Form I-129F –Available to fiancés and spouses –Faster processing at embassies, approximately 6-8 months –Fee of $455 for fiancés, no fee when filed with I-130 for spouse

Tips & Tricks Get your citizenship Apply early & apply often Chain to bring in more distant relatives If want to bring family of immediate relative, may be better options

Presentation by: Todd Gallinger Gallinger Law 20 Truman, Suite 109 Irvine, CA Phone: (949) Fax: (949)