Q: As a US citizen, may I move to the US with my foreign family and apply for the I-130 family immigration once there?
If so, may my spouse work once the family immigration application is submitted?
Will my spouse need an ITIN to be able to work?
How is one applied for?
How long does the family immigration process take?
We have 3 children, 19 and under, I’ll be petitioning for. Are these ages eligible for family immigration?
One suffers a serious health condition. Do we need to bring supporting medical records? If so, which ones?
Must they be translated & notarized in the country of origin?
We have filed police reports in our current country for being victims of an armed home break-in, & another extremely serious security situation.
Should these be translated & brought with us?
Do you have any recommendations specific to this scenario?
Thank you!
A: You have many questions, all of which could be best answered in the privacy of a consultation with a competent and experienced immigration attorney. An attorney would also want to ask you questions to determine all relevant facts, including when did you become a U.S. Citizen (at birth or at some later time in your life). If you were a U.S. Citizen before your children were born, one might wish to examine whether your children born abroad have claims to citizenship. Whether one petition needs to be filed for just your spouse or whether four petitions need to be filed for your spouse and three children, an attorney could also discuss with you the difference between adjustment of status based cases and consular processing cases. A discussion about K-3 and K-4 visas may also be appropriate. Note that many attorneys offer online video consultations, which may be convenient for you if you are presently outside the United States.
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