Family Immigration Lawyer & Legal Services
Move your Family from Canada to the USA
Do you have an immediate family member who is a US Citizen or Permanent Resident? Immediate relatives include your Spouse, Siblings, Parents and Children over the age of 21. If so, you may be eligible for permanent residence in the US.
Depending on your relationship with the US Family Sponsor, you may be eligible for immediate sponsorship. Alternatively, there may be a wait period if there are no visas presently available in your category. Contact an attorney at our firm and we will be happy to assess your situation and discuss your options.
Qualifying Relationship
To apply for permanent residence based on a familial relationship, you must have an immediate relative who is either a U.S. Citizen or Permanent Resident (“PR”). This type of application requires the sponsor to file Form I-130 with USCIS.
If you have the following relationship, you may be eligbile for a U.S. green card:
- Spouse who is a U.S. Citizen or PR
- Parent who is a U.S. Citizen or PR
- Child who is over 21 and a U.S. Citizen
- Sibling who is a U.S. Citizen
Preference Category
Depending on your relationship to the U.S. sponsor, your petition may be eligible for immediate issuance of a green card upon approval. This is true where the applicant is a U.S. Citizen sponsoring their spouse or a U.S. Citizen over 21 years old sponsoring a parent.
In all other types of family petitions, the sponsorship application will be subject to a visa preference system. This requires a waiting period before the beneficiary may receive their green card. To learn more about the visa preference system, please visit the Visa Bulletin provided by the Department of State.
Naturalization
In general, to qualify for naturalization you must have been a PR for at least 5 years prior to your application date. However, in the case of a U.S. citizen spouse, you may be eligible to file for Naturalization after just 3 years of PR, provided you have met the residency requirements.
One of the main advantages of citizenship is the ability to vote in federal elections (permanent resident are not eligible to vote). To apply for Naturalization, applicants submit Form N-400 with USCIS, and must attend a Naturalization ceremony once their application has been approved.
