Family Members You May Be Eligible to Sponsor

The eligibility to sponsor a family member depends on your current immigration status in the United States.

If you are a United States citizen, you may be eligible to sponsor:

• A husband or wife

• A child under the age of twenty-one

• An unmarried child over the age of twenty-one

• A married child of any age

• A parent, if you are twenty-one or older

• A brother or sister, including their spouse and children

If you are a lawful permanent resident, you may be eligible to sponsor:

• A husband or wife

• A child under the age of twenty-one

• An unmarried child over the age of twenty-one

In addition, a United States citizen may apply for a fiancé visa, which allows a foreign partner to enter the country for the purpose of marriage. This option may lead to permanent residence after the marriage has taken place and further applications have been filed.

Priority Categories and Wait Times

Family-based immigration is structured by preference categories, and the speed at which a petition is processed will depend on the category of the relative.

Immediate relatives of United States citizens—such as a spouse, parent, or unmarried child under twenty-one—are not subject to annual visa quotas. These cases are processed more quickly than other categories.

Other relatives, such as siblings or married children, fall into preference categories that are subject to annual limits. As a result, the wait time for these cases can vary from several months to many years depending on visa availability and demand.

Suday Law can help you understand where your case falls within this framework and guide you in preparing the necessary documentation to avoid delays or rejections.

Applying for a Marriage-Based Green Card

Marriage to a United States citizen or lawful permanent resident is one of the most common ways a foreign national may become eligible for permanent residence.

If your spouse is already in the United States and entered legally, it may be possible to apply for an adjustment of status. This process allows the spouse to remain in the country while the green card application is being processed.

If your spouse lives outside the United States, you may begin the petition process through consular processing. This involves submitting forms to United States Citizenship and Immigration Services (USCIS) and then waiting for an interview at the United States embassy or consulate in your spouse’s home country.

For those who have been married for fewer than two years at the time of green card approval, a conditional permanent resident card will be issued. Before the end of the two-year period, a petition must be submitted to remove the conditions and receive a full ten-year green card.

Suday Law can help with every step of the process, from initial filings and affidavit of support preparation to interview readiness and condition removal applications.

Adjustment of Status for Family-Based Petitions

Adjustment of status allows eligible individuals already inside the United States to apply for permanent residence without returning to their country of origin.

To qualify for this process, the applicant must meet specific requirements, including lawful entry into the country and an approved family petition. For some applicants, USCIS permits the family petition and green card application to be submitted at the same time.

During the adjustment process, applicants may also apply for:

• A work permit (employment authorization document)

• Advance parole (permission to travel abroad while the application is pending)

Suday Law assists with preparing and filing these forms, ensuring all documentation is in order, and helping clients respond to any requests for additional evidence issued by USCIS.

What USCIS Looks for in a Family-Based Case

For all family-based petitions, USCIS will verify that the claimed relationship is valid and not created for immigration purposes.

For marriage-based cases, this involves providing evidence that the relationship is genuine. Examples include joint tax returns, shared bank accounts, lease agreements, photographs, travel records, birth certificates of children, and other proof of shared life experiences.

USCIS may also evaluate:

• Whether the petitioner meets income and sponsorship requirements

• Whether the beneficiary is admissible under immigration law

• Whether there are any grounds for inadmissibility, such as past immigration violations or criminal charges

If issues arise, Suday Law can help you seek waivers or prepare legal arguments to overcome these challenges.

How Our Firm Helps

Family immigration is often a long and emotionally challenging process. At Suday Law, we provide families in Houston and surrounding areas with thoughtful, personalized legal strategies based on years of experience in immigration law.

Our services include:

• Determining eligibility for family petitions

• Preparing and filing all USCIS forms

• Assistance with green card and visa interview preparation

• Support for adjustment of status or consular processing

• Conditional green card removal applications

• Waivers for inadmissibility or unlawful presence

• Appeals or motions to reopen if your case has been denied

We take time to understand your unique goals and circumstances. We explain every step of the process so you can make informed decisions with confidence.