Family Green Card Immigration Lawyer for Salt Lake City

As a green card holder (lawful permanent resident), you may only file immigrant visa petitions for your spouse or unmarried children under current U.S. immigration law. You cannot sponsor your parents for a green card until you become a U.S. citizen through the naturalization process. Once you naturalize, your parents fall into the ‘immediate relative’ category — meaning there is no annual cap on visas and no waiting period for a visa to become available. Buhler Thomas Law can help you understand your eligibility for naturalization and plan the most efficient timeline for sponsoring additional family members.

No. Under current U.S. immigration law, a sibling does not automatically receive a green card when a U.S. citizen files an immigrant visa petition for their parents. Parents of U.S. citizens are classified as ‘immediate relatives,’ and there is no derivative status for their other children in this category. However, once your parents obtain their green cards, they themselves may file visa petitions to sponsor your siblings. Be aware that these petitions fall under a preference category subject to annual numerical limits, so waits can span several years. Buhler Thomas Law can help your family understand the full timeline and plan the most efficient path forward.

In most cases, yes. Spouses and unmarried children of the principal applicant, known as derivative beneficiaries, can usually receive green cards based on that main case. A key exception is children who “age out” by turning 21 before the green card is approved, although the Child Status Protection Act may sometimes preserve eligibility; because this depends on timing and specific facts, these cases should be reviewed individually.

The immigration attorneys at Buhler Thomas Law can evaluate your family’s circumstances and advise you on how to protect eligibility for all qualifying family members.

U.S. immigration law divides family-based visas into two main groups. The law allows certain family members of U.S. citizens and lawful permanent residents to apply for green cards in the family preference categories when they do not qualify as “immediate relatives.” These preference groups include unmarried adult sons and daughters (21 or older) of U.S. citizens, spouses and unmarried children under 21 of green card holders, unmarried adult sons and daughters of green card holders, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens who are at least 21 years old. Unlike immediate relatives, these categories are subject to annual numerical limits, which often create multi‑year visa queues tracked in the Department of State’s monthly Visa Bulletin.

If you are navigating these categories for a family-based immigration case in Salt Lake City or anywhere in Utah, Buhler Thomas Law can explain how these timelines apply to your specific situation.

Not in all situations. Spouses and unmarried children under 21 can often be included as derivative beneficiaries on the principal applicant’s employment or family based green card case, so their green card applications are filed and processed alongside the principal’s once a visa is available. By contrast, other relatives such as parents, married children, or siblings cannot be added to the principal’s case and must wait until the principal becomes a permanent resident or U.S. citizen and then file their own separate petitions, which may involve additional waiting periods.Buhler Thomas Law can map out the full family immigration plan and advise on sequencing for all qualifying relatives.

An Affidavit of Support is a legally enforceable contract in which a sponsor agrees to accept financial responsibility for an intending immigrant coming to live permanently in the United States. The sponsor must show that their income (and, if needed, certain assets) is sufficient to maintain the sponsoring household and the intending immigrant at or above 125 percent of the applicable federal poverty guidelines, with some limited exceptions for active duty military sponsoring a spouse or child. If the petitioner’s income alone is not enough, a joint sponsor may also submit a separate Affidavit of Support to meet the financial requirements. The sponsor’s financial obligation generally continues until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work under the Social Security system (often about ten years), permanently leaves the United States, or loses permanent resident status, and it is not ended by divorce. Buhler Thomas Law guides both petitioners and joint sponsors through the Affidavit of Support requirements to ensure every family visa application is complete and properly documented.

If your income alone does not meet the financial requirements for the Affidavit of Support, you may still be able to complete the process with a qualifying joint sponsor. A joint sponsor is another person who is willing to accept the same financial obligations and who independently meets the income and other eligibility rules.

Family based green card timelines vary widely depending on the family relationship and the beneficiary’s country of birth. Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, are not subject to annual visa caps, so their overall wait is usually driven only by USCIS and consular processing times, often around one to two years in many cases. By contrast, preference category cases for adult children or siblings can face multi year or even decade long waits because visa numbers are limited and backlogs in the Visa Bulletin are significant for many countries.Buhler Thomas Law can provide a realistic timeline estimate based on your specific situation and the current Visa Bulletin when you contact our immigration 

A family based visa preference category is a group for family relationships that do not qualify as “immediate relatives” of U.S. citizens, such as adult children, certain spouses and children of green card holders, and siblings of U.S. citizens. Because each preference category has an annual numerical limit, demand often exceeds the number of visas available, so applicants must wait until their priority date becomes current in the Department of State’s monthly Visa Bulletin before they can complete the final steps of their family-based green card application. The main family preference categories are F1 (unmarried adult sons and daughters of U.S. citizens), F2A (spouses and unmarried children under 21 of green card holders), F2B (unmarried adult children who are over 21 of green card holders), F3 (married sons and daughters of U.S. citizens), and F4 (siblings of U.S. citizens).Buhler Thomas Law monitors Visa Bulletin movements and helps clients understand how priority date trends affect their specific case.

Almost all family-based green card applicants must attend an interview, either at a USCIS office in the United States or at a U.S. embassy or consulate abroad. At the interview, an officer confirms the relationship, reviews the evidence, and checks eligibility and admissibility before making a decision on the case.

In many cases, a family member applying through adjustment of status in the United States may request a work permit and, if eligible, begin working once the permit is approved. Those processing through a consulate abroad typically must wait until they enter the U.S. as permanent residents before starting work.

Green card holders are expected to keep the United States as their primary home, so spending more than six months outside the country in a single trip or in total during a year can raise questions about whether they have abandoned their permanent resident status. If your parents expect to be abroad for more than six months, especially if they may be gone close to or over a year, they should speak with an immigration attorney about applying for a reentry permit before they leave and about ways to maintain strong ties to the United States such as housing, taxes, and family or community connections so they can better protect their green card while traveling frequently.If your parents have concerns about maintaining their green card status while traveling, the immigration attorneys at Buhler Thomas Law can advise them on how to protect their status.

It is sometimes legally possible for a person who entered on a visitor visa to apply for a marriage‑based green card, but our firm does not recommend using a visitor visa with any plan to marry and remain in the United States, because that can be treated as fraud or misrepresentation. U.S. immigration authorities look closely at timing under the so‑called 30–60–90 day concepts and the current 90‑day rule: if someone marries a U.S. citizen and files for a green card soon after entering as a “tourist,” officers may presume they misrepresented their true intent at the border, which can lead to denial and even a permanent bar unless a difficult waiver is granted.Before proceeding, it is essential to consult with an immigration attorney at Buhler Thomas Law to assess the risks involved and other possible options. 

A previous green card denial does not automatically bar you from getting a family based green card, but everything depends on why the earlier case was denied. If the issue was procedural, like missing documents or weak evidence, you may be able to refile, file a motion, or appeal; if it involved fraud, crimes, or other serious inadmissibility problems, options are more limited and may require a waiver or a different strategy, so a case specific legal review is essential.Buhler Thomas Law can review the denial and advise you on the strongest path forward. Do not assume a denial means your case is over, contact our immigration attorneys in Utah as soon as possible to assess your

No. U.S. immigration law is federal, so the basic eligibility rules for sponsoring a family member are the same in every state. However, where you and your family member live can affect which USCIS office or consulate handles the case and some local processing times.

Adjustment of status is the process of applying for a green card from within the United States, while consular processing is completed through a U.S. embassy or consulate abroad. Which path is available depends on the family member’s immigration history, lawful entries, and whether a visa is currently available in the category.