When building a new life in the USA, it is crucial that your loved ones can join you. At Brown Immigration law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives. Whether you are a U.S. citizen, hold a Green Card, have refugee status, or have been granted asylum, our national immigration lawyers can help you with this crucial matter.
Petitions for Relatives for U.S. Citizens
If you have U.S. citizenship, you have the right to petition for immigration status for certain family members, including:
- Unmarried children under 21
- Son and daughters over 21
The status sought could be permanent residence (Green Card), a fiancée visa, or K-3 or K-4 (temporary legal status). The process of working with the State Department is complex and achieving success within a reasonable time frame requires the assistance of a skilled immigration lawyer.
Petitions for Relatives of Green Card Holders
Green Card holders can petition for certain family members to immigrate and gain permanent resident status, including:
- Unmarried children under 21
- Unmarried son or daughter, any age
Filing a Petition for a Family Member
The first step in petitioning for your loved one is to file Form I-130. This form requires that you prove the relationship between you and your relative. Once the petition is approved, the person must wait for a visa number to be issued by the Department of State to proceed to the next step. After the visa number is issued, permanent legal status (Green Card) can be initiated through filing another form, Form I-485. Our legal team can assist you to file form I-130 and Form I-485 as any error will significantly slow the process or cause serious problems for a relative currently living in the USA.
Family-Based Immigration Preferences
U.S. Citizen and Immigration Services (USCIS) has “preference categories” for family-based immigration. Family members must wait for visa availability based on these preferences:
- First preference: Unmarried, adult (21 or older) sons and daughters of U.S. citizens.
- Second preference: Spouses of lawful permanent residents, and unmarried sons and daughter of Green Card holders and their children.
- Third preference: Married sons and daughters of U.S. citizens, their husbands or wives, and children under age 18.
- Fourth preference: Brothers or sisters of citizens, their spouses, and minor children.
Unfortunately, other relatives (such as grandparents, cousins, aunts, uncles, etc.) are not given any preference. The preference category will affect when the visa number will be issued.
Why You Need an Immigration Attorney for Family-Based Immigration
Immigration law in the USA is complex and navigating the system can be extremely difficult and frustrating. The process of gaining legal status for a loved one can be faster with the help of an attorney who has extensive experience working within the system. Every filing is prepared professionally and correctly to avoid the risk of something going wrong, a petition being denied or the immigration authorities sending requests for missing information, which could add months or longer to the process.
Why Choose Us?
Our team of experienced, talented attorneys at Brown Immigration Law delivers attentive and responsive legal representation in family-based immigration matters. With over 70 years of combined experience, we are meticulous in preparing documentation in family-based immigration matters, with the goal of achieving a timely, positive response, with your family members achieving legal status in the USA and joining you in building your life in the country.
For family-based immigration matters, call (888) 861-4414 today for assistance.