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Family-Based Immigration

Family-Based Green Cards and Fiancé Visas: How Family Sponsorship Works

U.S. citizens and Green Card holders can sponsor certain family members for a Green Card. However, the right path depends on who is filing, how you are related, and your relative's history. Attorney Kasim Hussain helps families understand their options, and, if retained, can represent you through the stages of the case covered by your engagement agreement.

 

Our office is in Riverdale, MD, near Washington, DC. Because immigration law is federal, we also work with families nationwide and with families abroad on U.S. visa and consular processing cases.

 


 

Who can sponsor a family member for a Green Card?

Family-based immigration generally covers:

  • Spouses of U.S. citizens and Green Card holders
  • Children of U.S. citizens, and unmarried children of Green Card holders
  • Parents of adult U.S. citizens
  • Brothers and sisters of adult U.S. citizens
  • Fiancé(e)s of U.S. citizens

Some relationships can move forward right away, while others face yearly limits and waiting periods. Which category your family falls into, and what that may mean for your timeline, is something we can work through together.

 


 

Green cards for spouses, parents and children: how the process generally works

  1. Establishing the relationship. The process starts with a petition (usually Form I-130) asking the government to recognize the family relationship.
  2. Choosing the path. Depending on where your relative is and their history, the case continues either inside the United States or through a U.S. embassy or consulate abroad. Choosing the wrong path can have serious consequences.
  3. Showing eligibility and support. The applicant must show they qualify, and the sponsor must show they can financially support the relative.
  4. The interview and decision. Many applicants attend an interview with an officer. Some marriage-based cases involve an additional step later.

Fiancé visa cases follow a different track, because the goal is to bring your partner to the United States to marry first. We can explain how that path compares to marrying first and applying afterward.

 


 

Why work with a Maryland immigration attorney on a family case?

Many family cases look simple on paper. However, eligibility often turns on details that are easy to overlook, and some problems are not obvious at first. Issues that can change the outcome include:

  • How and when your relative entered the United States
  • Time spent in the U.S. without status
  • Prior removal orders or immigration court history
  • Past marriages, divorces, or earlier immigration filings
  • Arrests or criminal records, even old or minor ones
  • Travel history and time spent outside the U.S.
  • The sponsor's finances
  • Immigration policies that continue to change

Some of these issues can lead to long bars from the United States or removal proceedings, and those consequences can be very difficult to undo. As a result, we review the history and records you share with us, and can discuss a FOIA records request where appropriate, before recommending a path. If you would like a second look at a case you already started, our case reviews and consultations page explains how that works.

 

If you retain us, we can prepare the filings, help organize your evidence, respond to government requests within the scope of our engagement, and help you keep track of key dates. We are also available to help you prepare for your interview.

 


 

Frequently Asked Questions

 

Can a Green Card holder sponsor their parents or siblings?

No. Green Card holders can sponsor spouses and unmarried children, but not parents or siblings. Those relatives can be sponsored only by a U.S. citizen who is at least 21. We can discuss where your family stands in a consultation.

 

Can my relative apply from inside the United States?

Sometimes. It depends on how they entered and their immigration history, and we can discuss that with you in a consultation.

 

What is the difference between a fiancé visa and a spousal Green Card?

A fiancé visa lets your partner enter the United States to marry you within 90 days, after which they can apply for a Green Card here. A spousal case starts after you are already married, and the better option often depends on your circumstances.

 

What if my income is not high enough to sponsor?

There may still be ways to move forward. The options depend on your household and finances, which we can review during a consultation.

 

What if I received a Request for Evidence or a denial?

Speak with an attorney as soon as possible, because response deadlines are strict. Contacting us does not make us your attorney, and we cannot act on a deadline until we have been retained.

 

Can my relative become a U.S. citizen later?

Often, yes. After holding a Green Card for the required period, many relatives may be eligible to apply for U.S. citizenship.

 


 

Questions About Sponsoring a Family Member?

Every family's story is different. Attorney Kasim Hussain is an immigration lawyer in Riverdale, MD, near Washington, DC, and works with families nationwide, and abroad through consular processing, on green cards for spouses, parents and children, as well as fiancé visas. Attorney Kasim Hussain is licensed in Maryland and admitted to the U.S. District Court for the District of Maryland. Federal court cases outside Maryland may involve local counsel.

 

Book a free 15-minute introductory call by phone or online to tell us what you are looking for and learn about our services. A 60-minute in-person consultation is also available for $300. We offer fixed fees for most matters, explained up front. Government filing fees and court costs are separate.

 

This page provides general information and is not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Reading this page, contacting us, or booking a free call does not create an attorney-client relationship. Please do not send confidential information until we have spoken. We represent clients only after a signed engagement agreement.

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