The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. The purpose of this is to re-unite family members in the United States. If the United States citizen does not plan to live in the United States, he/she cannot request a visa for other family members. 

Family-based immigration falls under two basic categories: unlimited (immediate relatives of U.S. citizens) and limited (other relatives). 

Unlimited Family-Based: 

• Spouse, widow (er), unmarried children under 21 and parents of a U.S. citizen who is 21 or older. 
• Men or women traveling to marry a U.S. citizen
• Limited Family-Based: 
• Unmarried sons and daughters of U.S. citizens and their minor children 
• Spouses, minor children and unmarried sons and daughters(over age 21) of lawful permanent residents.
• Married sons and daughters of U.S. citizens and their spouses and minor children.
• Brothers and sisters of United States citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age.

In all cases, the immigration process requires a petition (application) to be filed on the inmigrant’s behalf. 

Spanish Law

According to article 16 of the Spanish Immigration Law, foreign residents are entitled to live in a family and have the enjoy respect for their family life. As a result, it is possible for foreign residents of Spain to be joined in the country by certain members of their family.

• For foreign residents in Spain, the qualifying relatives are as follows:
• Your spouse, unless you are legally or de facto separated.
• Your children and/or those of your spouse, including adopted or disabled children, provided that they are under 18, are not married and you are their legal representative.

In the case of any children you may have had with partners other than your spouse, or any your spouse may have had with partners other than you, you must have exclusive parental rights over them or have been awarded legal custody of them, and they must actually be dependent on you.

• Your parents or those of your spouse, provided that they are dependent upon you and you can explain why it is necessary for them to be granted residency in Spain.

To carry out family reunification, you must have a renewed residency permit that entitles you to stay in Spain for at least another year. You must also show that you can provide suitable housing and sufficient economic resources to support your family. This will have to be accredited through a municipal housing report to be issued by the municipality where you reside within 15 days. If this deadline is not met, a notarial deed may substitute the aforementioned report. Additionally, the applicant will have to show the existence of economic dependence on the part of the relative as well as justify the necessity for the ascendents’ reunification. Once your local immigration bureau has authorised family reunification, the relative who is to join you in Spain may request a residency visa from the Spanish consulate in the country in which they live, so as to be able to enter Spanish territory. Once your relative arrives in Spain, they will have to apply for a foreigner identity card.

Remember, "your future is your decision" and we can help you with all of your family reunification and  immigration problems be they in the United States or Spain.

Mercado & Rengel ● (Madrid) +34 91 402 36 57 ● (Miami) 305-432-2199 ● This e-mail address is being protected from spambots. You need JavaScript enabled to view it