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Family Based Immigration 


It all depends whether the person petitioning to bring someone to the US is a US Citizen (USC) or a Lawful Permanent Resident (LPR). Note there are certain immigrant visa’s open only to US Citizens. So your chance of filing for an immigrant visa for a family member or spouse is greater and much quicker if you are a USC.

The first step is simplistic but a very important one because it sets the ball rolling.First, you or your Attorney file your petition to the USCIS, and Second, the more complex and difficult step; when the person you petition for has been approved and has to attend a Green card Interview.

VISA CATEGORY

 1)      Immediate Relative of a US Citizen. There is always a visa for this category, and they don’t have to wait in line. They qualify as soon as their documents are approved.  This is sacrosanct in the promotion of family unity.  We have the following in this category:

§ Spouse of a US Citizen.

§ Parent of a US Citizen -  provided the USC is over 21 years.

§ Unmarried children of USC under 21 years.

 

 2)      Family Preference Category. If you are not an immediate relative of a USC as described above, you may still qualify under the “family preference category”. Those eligible under this category are:

§ Unmarried children over 21 years.

§ Married children of any age.

§ Brothers and Sisters of USC – if USC petitioning is over 21 years.

 

BENEFICIARY APPLICANT: US CITIZEN APPLICANT: Lawful Permanent Resident (LPR)
Spouse of US Citizen Immediate Relative of USC. Spouse automatically qualifies.

No Quota Limitation = There is always a Visa for this category.

Qualify for Category 2A
Parent of US Citizen Immediate Relative of USC. Parent automatically qualifies.

No Quota Limitation = There is always a Visa for this category.

LPR Cannot Apply for a Visa.
Non Married Child under 21 years Immediate Relative of USC. Spouse automatically qualifies.

No Quota Limitation = There is always a Visa for this category

Qualify for Category 2A

Non Married Child over 21

years

Qualify under the Family

Preference category.

Qualify for Category 2B

Married children under 21

years

Qualify under the Family

 Preference category.

LPR Cannot Apply for a

Visa.

Married children over 21

years

Qualify under the Family

 Preference category.

LPR Cannot Apply for a

Visa.

Brother or Sister of USC

Qualify under the Family

 Preference category

LPR Cannot Apply for a

Visa 

Fiance of a US Citizen

If you are a United States Citizen, you may:

1) Petition for your foreign born fiance; if

2) You intend to marry within 90 days of fiance's arrival in the US

3) You met each other at least once within the last 2 years prior to filing. 

We can help to process you K-1 Nonimmigrant Visa