A person who has been granted lawful permanent resident status (Green Card holder), may petition the USCIS for an immigrant visa for spouse or minor unmarried children (under 21), and once the petition is approved the spouse will be notified by the Department of State when a visa number becomes available. If the spouse is outside of the United States at the time of notification, s/he must then go to the local U.S. consulate to complete visa processing.
However, if the spouse/children is/are inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, s/he may apply for a change of status here in the US (ONLY when a visa number becomes available).
For a lawful permanent resident, who had filed an Alien Relative Petition for spouse and/or minor children prior to 12/22/00, they may be eligible for a V visa classification if more than three years have passed since the Petition was filed. For more information about V visa eligibility, see the information concerning the USCIS’ Nonimmigrant Provision of the LIFE Act” available on the USCIS website at www.uscis.gov
Lawful permanent residents may not petition for married sons or daughters. Similarly a lawful permanent resident is not eligible to petition to bring his/her parents to live and work permanently in the United States.
ote: The following is basic information regarding the types of visas available. It is in no way to be construed as legal advice. For further information you are encouraged to contact The Fogle Law Firm, LLC for a consultation or appointment so we can provide you with the appropriate solution for your particular case and assist you in achieving your goals.