Family-Based Immigration: What You Need To Know

Do you have relatives in the United States who are already granted permanent residency? If you have and want to be reunited with them in a long-term basis, then you might want to check some things you need to know before processing your immigration.

In this case, your best option is a family-based immigration. Yes, the process is quite complex and confusing for many foreign nationals, but if you hire a compassionate lawyer, there’s a larger percent of success.

But what is family-based immigration? How does it work?

This type of immigration must involve two family members which one should be a petitioner and the other, a beneficiary. The petitioner must be a legal permanent U.S. citizen and the one who requests for a family to be granted a green card or lawful U.S. citizenry. The beneficiary is the foreign family member who wants to obtain a green card.

Two Major Categories

As a family-based immigrant, you can fall either of these two categories which determine how the petitioner and the beneficiary is related and what priority the immigrant will receive in acquiring a green card.

1. Immediate Relative. In this category, an immigrant is immediately given a visa number because the availability is unlimited. Meaning, no need to fall in line, less hassle.

You can fall as an immediate relative of a U.S. citizen if you are a/an: (1) legal spouse; (2) unmarried child (under 21 years of age); (3) orphan adopted abroad; (4) orphan to be adopted in the United States; and (5) parent (at least 21 years old).

2. Family Preference. This category includes other eligible family relationships with a U.S. citizen and some specified relationships with a lawful U.S. resident. Unlike the immediate relative, family preference immigrant visa number is limited to a numerical cap of issuing green cards per year.

You can fall under the family preference category if you are a/an: (1) unmarried, adult sons and daughters (age 21 or over) of U.S. citizens; (2) spouses and unmarried children (under age 21) of permanent residents; (3) unmarried adult sons and daughters of permanent residents; (4) married sons and daughters (any age) of U.S. citizens; (5) and brothers and sisters of adult U.S. citizens.

Applying for Green Card (Immigrant Visa)

The first step of applying for green card is the petitioner making a request to the U.S. government to grant a family member to immigrate. This is done by filing Form I-130, Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). Thereafter, a determined valid family relationship is established either within the immediate relative or family preference category.

As soon as the I-130 petition is approved and a visa number is available and given, the foreign family member is now qualified to apply for a green card.

Two paths to apply for Green Card:

1. Consular process. Applying for green card through the U.S. embassy or consular office in a foreign country.

2. Adjustment of status. This process only applies to immigrants already entered the United States as a temporary visitor which they can adjust their status to permanent residency.

Permanent resident status gives you the privilege to live and work in the U.S. permanently with less hassle and worries.

So if you are planning to get citizenry in the U.S., don’t hesitate to call on the help of the most experienced and reliable immigration lawyer in Fredericksburg, VA. Visit The Andrews Law Group at 1320 Central Park Drive, Suite #200 Fredericksburg, VA 22401 or just contact 540.785.0010.