North Carolina Family-Based Immigration Attorney

Immediate Relatives

As a green card holder or a U.S. citizen, you may have immediate family members who are residents of another country and wish to immigrate to the United States to join you. The United States Citizenship and Immigration Services (USCIS) may allow your spouse, children, or parents to immigrate into the country through a family visa. Other immediate relatives who may qualify for such a visa include stepchildren, certain adopted children, and even widows and widowers or United States citizens.

Visas Available for Immediate Relations

U.S. citizens and lawful permanent resident must both file a Form I-130, Petition for Alien Relative in order for their immediate family to obtain entry into the country. After that, the process is different for green card holders than it is for citizens. For spouses, a green card holder must file a Form I-485, Application to Register Permanent Residence or Adjust Status after a visa number becomes available. If they desire for their family to join them without a visa number being available, they may file for a V non-immigrant visa. In this case, they must have filed a Form I-130 before December 21, 2000; their family must have been waiting for at least three years since the form was filed; and the form must have been approved without a visa being available, or while a visa is pending.

United States citizens must file a Form I-130 and a Form I-485 at the same time and do not have to wait for a visa number to become available due to family-sponsored preference. Once their Form I-485 is approved, their spouse and other immediate family members may join them as non-immigrants until their Form I-130s are approved, as well. These non-immigrant visas include a K-3 visa for spouses and K-4 visas for children under 21 years old. Once the Form I-130 is approved, the family members will then be considered lawful permanent residents and will receive green cards.

Regarding children, the process is the same for citizens and LPRs. An applicant must provide evidence of their citizenship or LPR status, as well as proof of relationship to the child. If the child is already present in the U.S., they must also file a Form I-485 at the time the parent files a Form I-130 unless they are over 21. If they are 21 or older, they must file after a visa number becomes available. Petitions made for children outside of the U.S. will be sent for consular processing after it has been approved and a number has become available.

Get Legal Assistance

Don't hesitate when it comes to helping your loved ones immigrate to the United States. With your help and the experienced representation and counsel of an immigration lawyer, the process could run as smoothly and quickly as possible. The North Carolina immigration lawyers at Brown Immigration Law have provided high-quality legal assistance for all types of immigration issues for decades. Founding Attorney Robert Brown has more than 40 years of experience alone.

If you are in need of a lawyer, contact our offices immediately to schedule a case evaluation. We can help!

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