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 may encounter.

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.