Maggio+Kattar

U.S. Legal Permanent Residents may petition or sponsor their foreign national spouses or children to also become U.S. Legal Permanent Residents.  In many family-based immigration categories ("preference categories"), there are long and growing waiting lines, sometimes several years long, before the individual sponsored may become a permanent resident ("green card" holder).  Significantly, the filing of an I-130 by a Legal permanent resident for a spouse does not confer the right for the foreign national spouse to live or work in the United States while the petition is pending or after its approval.  The filing date of the I-130 petition establishes the "priority date," or place in line, for an immigrant visa.  Foreign national spouses of Legal permanent residents fall within the Family-Based Second Preference "A" category.  For these individuals, the I-130 petition must be approved and the "priority date" must be current (the applicable waiting time must pass) before he or she may apply for an immigrant visa or adjustment of status to permanent resident ("green card").  The length of the waiting line depends on when the I-130 petition was filed, as well as the foreign national's country of citizenship.  When the I-130 petition is approved, and the applicable waiting time has passed, the foreign national may then apply for an immigrant visa.  This permits the foreign national to become a permanent resident of the United States ("green card" holder) after admission to the United States with the immigrant visa.  Or, if eligible, he or she may concurrently apply to adjust status to permanent resident ("green card") while present in the United States.