Family & Individuals
Family Immigration Lawyer in Colorado Springs
Family immigration allows U.S. citizens and lawful permanent residents to petition for close relatives to live permanently in the United States. Who can be petitioned, how long the wait is, and whether the relative can apply from inside the country all depend on the petitioner's status and the family relationship.
Blasingame Law LLC handles family petitions, marriage-based green cards, adjustment of status, consular processing and the waivers that some cases require, for families in Colorado Springs and across the Front Range.
Who a U.S. citizen or resident can petition
Immediate relatives of U.S. citizens — spouses, unmarried children under 21 and parents of adult citizens — are not subject to annual numerical limits, so their cases generally move as fast as processing allows. Other family relationships fall into preference categories with limited visa numbers and, for some countries, long waits.
- Spouse of a U.S. citizen or lawful permanent resident
- Unmarried child under 21 of a citizen or resident
- Unmarried adult son or daughter
- Married son or daughter of a U.S. citizen
- Parent of a U.S. citizen who is at least 21
- Brother or sister of a U.S. citizen who is at least 21
- Fiancé(e) of a U.S. citizen through a nonimmigrant petition
Two paths to the green card
A relative already in the United States may be able to apply for adjustment of status without leaving. A relative abroad completes consular processing at a U.S. embassy or consulate. Which path applies depends on how the person entered, whether they have maintained status, and whether any grounds of inadmissibility apply.
Waivers and complications
Prior unlawful presence, a prior removal order, certain criminal history, misrepresentation or public charge concerns can make a relative inadmissible even when the family relationship is clear. Some grounds can be waived on a showing of extreme hardship to a qualifying relative; others cannot be waived at all. This analysis should happen before a filing, not after a denial.
Documenting a family case
- Civil documents: birth, marriage, divorce and death records
- Proof of the petitioner's citizenship or permanent residence
- Evidence of a bona fide marital relationship where applicable
- Financial support documentation for the affidavit of support
- Immigration and travel history for the beneficiary
- Court and police records where any arrest exists
- Translations and certified copies where required
Related paths for individuals
Frequently asked questions
How long does a family green card take?
Immediate relative cases depend mainly on government processing. Preference category cases also depend on visa availability for the beneficiary's category and country, published monthly in the Visa Bulletin.
Can a permanent resident petition for a parent?
No. Only U.S. citizens who are at least 21 may petition for a parent. A permanent resident would generally need to naturalize first.
Can a relative wait in the United States while the case is pending?
Only if they have a lawful basis to be present or qualify to adjust status. Remaining without status can create bars that are difficult to overcome.
Does a pending petition give work authorization?
A petition alone does not. Work authorization generally comes with a pending adjustment of status application or another qualifying category.
What is an affidavit of support?
It is a contract in which the petitioner, and sometimes a joint sponsor, agrees to financially support the immigrant at the level required by law.
What happens if the petitioner dies or the marriage ends?
There are provisions that can allow some cases to continue, but the outcome depends heavily on the stage of the case and the facts. Get advice quickly.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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