Family Visa Petitions
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What are the Types of Family Based Immigration Visas?
Under current immigration law, U.S. citizens and lawful permanent residents (LPRs) have the right to sponsor certain family members for a visa. This visa gives them permanent residence in the U.S. Family immigration is the primary way people legally immigrate to the U.S.
Family-based immigration visas fall into two categories: immediate relatives and family preference.
Immediate Relatives: This visa category, which has no cap on the number of visas issued, is designed for immediate family members of U.S. citizens. This includes:
Family Preference: Each year, a specific quota of visas is allocated for family members, including:
Additional family members of a U.S. citizen, including married offspring or siblings
The spouse and unmarried children under 21 years old of lawful permanent residents (those holding Green Cards)
Ineligible to Petition: Neither citizens nor legal residents are permitted to petition for U.S. entry for “distant” relatives, including:
What are the Steps to File for a Family-Based Immigration Petition?
Step 1: The process of family-based immigration usually begins with the petitioner, who is a U.S. citizen or a lawful permanent resident. They will submit a request to the U.S. government for their foreign relatives to immigrate to the U.S.
Step 2: The petitioner will fill out and submit Form I-130, called the Petition for Alien Relative. This is done through the United States Citizenship and Immigration Services (USCIS). This form is used to prove that a qualifying family relationship fits into either the immediate relative category or the family preference category.
Step 3: Once the USCIS approves the I-130 petition and a visa number becomes available, the foreign family member can apply for a green card.
Contact Malone Immigration Law Led By Brian C. Malone.
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We’re proud to help our clients and excited to help you make the United States your home, just like we’ve done for many others. Contact us today to set up a free consultation so we can learn more about you and your needs.
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