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Immigration Law 101: Family Immigration

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Immigration Law 101: Family Immigration

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    1. Immigration Law 101: Family Immigration Presentation by Todd Gallinger Gallinger Law Phone: (949) 862-0010 Fax: (949) 861-6582 Email: tgallinger@gallingerlaw.com

    2. Overview Q&A Who can bring a relative to the United States? Citizens & Permanent Residents (Green Card) What relatives can they sponsor? Children, spouses, parents, siblings, and fiancés. How long does it take? The wait period varies depending on the relationship and immigration status of the sponsor. What status do the family members end up with? Permanent resident status (Green Cards)

    3. Immediate Relatives of Citizens No quota on # of visas, means no wait for visas other than processing time (generally 1 – 1 ˝ years). Applies to: Spouses Parents of Adult (over 21) Minor children (under 21) Downside – no Derivative Status

    4. Preference Categories Available to both US Citizens and Green Card Holders Has quotas, wait from 5-20 years, plus processing time. Times different for China, India, Mexico, and the Philippines First Category: Unmarried Sons and Daughters (any age) of US Citizens Wait approximately 6 ˝ years

    5. Preference Categories(Continued) Second Category: Spouses and Children (under 21) of Permanent Residents Wait approximately 5 years Unmarried sons and Daughters of Permanent Residents Wait approximately 9 years

    6. Preference Categories(Continued) Third Category: Married sons and daughters (any age) of US Citizens Wait approximately 9 years Fourth Category: Siblings of US Citizens Wait approximately 11 years

    7. How to Apply Petition Form I-130 Establishes relationship Starts wait time for quota Always filed in US w USCIS USCIS Fees of $355

    8. How to Apply Application Form I-485 Actual application for green card Can be filed in US or at consulates Normal processing time of 1 to 1 ˝ years For “Immediate Relative”, filed same time as petition, for others, filed when petition is approved USCIS Fees of $1010

    9. How to Apply Work Authorization Form I-765 Granted for “Immediate Relatives” while application in process Approximately 3 months to process No fee when filed with I-485

    10. How to Apply Travel Authorization – Advance Parole Form I-131 Allows entry to the US while application is pending Granted for “Immediate Relatives” while application in process Approximately 3 months to process No fee when filed with I-485

    11. “Fiancé” Visa K-Visa Form I-129F Available to fiancés and spouses Faster processing at embassies, approximately 6-8 months Fee of $455 for fiancés, no fee when filed with I-130 for spouse

    12. Tips & Tricks Get your citizenship Apply early & apply often Chain to bring in more distant relatives If want to bring family of immediate relative, may be better options

    13. Presentation by: Todd Gallinger Gallinger Law 20 Truman, Suite 109 Irvine, CA 92620 Phone: (949) 862-0010 Fax: (949) 861-6582 Email: tgallinger@gallingerlaw.com

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