In this week's Consulta Migratoria® column, I answer the question of a permanent resident who wants to bring his daughter and girlfriend to the United States.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I am Ecuadorian and a permanent resident of the United States. I wish to immigrate my 11 year old daughter and my girlfriend. Both live in Ecuador. My girlfriend has a tourist visa to travel to the United States. She is not the mother of my daughter. Can I petition for my daughter and my girlfriend? How long would the process take to bring them legally to the U.S.? -Ramiro B.
Ramiro, as a permanent resident you can file a family petition for your daughter. But first, we need to see how you obtained your permanent residency to determine what steps to take to bring her to the United States.
For example, if you obtained residency through an employer, parent, or sibling, your daughter may be immediately eligible to apply for an immigrant visa on a derivative basis. If so, there would be no need to file a family-based petition for your daughter, because she was already included in the employment-based or family-based petition through which you obtained permanent residence.
If that is not the case and your daughter is not eligible to immigrate to the U.S. derivatively, you will have to file a family petition on her behalf. You will have to prove your immigration status and the relationship between you.
In the case of your fiancée, you can petition for her, but you will have to get married first. There is no legal way for permanent residents to petition and bring fiancés to live legally in the United States. If you marry your girlfriend, you could file a family petition for her. Along with the petition, you will need to send several documents, including copies of your permanent resident card, marriage certificate, and evidence that shows that your marriage is real and that it was not just for her to get permanent residency.
The process to immigrate your daughter and future wife through a new family petition would take approximately two and a half years. I recommend that you consult with an immigration attorney before beginning any immigration proceedings.
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