Spouse and Unmarried Children of U.S. Residents
Immigration Defense Attorney in San Francisco and San Jose
Family immigration matters often involve complex issues which must be resolved.
You want to bring your family here to the U.S. to be with you. You need
a law firm that gives your case the importance it deserves and attacks
serious problems with skill and determination. Daniel Shanfield, Esq.
Immigration Defense has helped numerous U.S. residents in San Jose and
the San Francisco Bay Area to obtain green cards for their spouses and
unmarried children. Through skill and tenacity he helps clients obtain
visas, expedite visas and overcome inadmissibility status.
Daniel has uncommon insights into the immigration process thanks to his
previous experience as an attorney with the United States Immigration
and Naturalization Service. We strongly urge you to seek the assistance
of a San Jose immigration defense attorney to overcome difficulties you
Bringing your Spouse and Children into the U.S.
In general you must be living in the U.S. when petitioning for your family
members. Under the F2A preference category, you may file an I-130 petition
for your spouse and unmarried children under 21, for which there are 87,934
openings each year. If you have a son or daughter over 21, he or she may
come under the F2B preference, for which there are 26,266 openings annually.
After your spouse or child is approved as the primary beneficiary, he
or she may bring unmarried children under age 21 with them. If your child
reaches age 21 before approval, the beneficiary may still bring the child
if qualified under the Child Status Protection Act.
Spouses and Children Already in the U.S.
In some case, your child or spouse may apply for adjustment of status in
the United States under an approved I-130 petition if in lawful visitor
or non-immigration status. If they have overstayed their original visa
authorization, they may only apply for adjustment of status in the United
States if qualified under 245(i). Your spouse or child must not leave
the country until the adjustment is approved. If your child or spouse
has overstayed the visa by 180 days and then leaves the country, he or
she will not be allowed to return for 3 years (10 years if the overstay
was for a year or more).
If your spouse or child entered the U.S. without inspection, he or she
will usually be required to leave the country before adjusting status
unless qualified for 245(i). It is critical to consult with an experienced
immigration attorney about this as there may be exceptions.
Contact an immigration defense attorney in San Jose and San Francisco
at our firm for professional and dedicated assistance in bringing your
spouse and unmarried children to the U.S. or seeking adjustment of status.