Family Based Immigration

Experienced Lawyers Practicing Immigration and Nationality Law

Sponsorship of Immediate Relatives

Family-based immigration ranges from bringing in immediate relatives of U.S. citizens to "preference" relatives in several categories. The United States has provisions for certain visa holders to bring dependents such as their spouses and children on accompanying visas.

A U.S. Citizen May File a Petition on Behalf of His/Her:

• Husband, wife, or child under the age of 21 (immediate relative);
• A parent, if the U.S. citizen is at least 21 years of age (immediate relative);
• An unmarried son or daughter 21 years or older and their children (first preference);
• Married son or daughter of any age and their children (third preference);
• Brother or sister if the U.S. citizen is at least 21 years old and his or her spouse and children (fourth preference)

A Lawful Permanent Resident Can File a Petition on Behalf of His/Her:

• Husband or wife and children under the age of 21 (second preference 2A)
• Unmarried child 21 years or older (second preference 2B).

Securing a Visa for Immediate Relatives

The Immigration and Nationality Act allows U.S. citizens or lawful permanent residents (green card holders) to sponsor the immigration of foreign nationals to the United States based upon family relationships.

A U.S. consular officer will issue a visa after the USCIS approves a petition filed by a qualified family member. After the petition is approved the visa may be issued in as little as 90 days or as long as 25 years depending upon which of the categories listed below apply and depending upon the immigrant's home country. However, not all family relationships serve as a basis to apply for lawful permanent resident status.

Alien Visas

Aliens other than immediate relatives fall into one of the four limited family based preference categories. A visa will not be immediately available as there is a numerical limit on the number of visas issued each year.

More aliens want visas than are currently available. There may be a long waiting period for the visa to be issued. When the application is received by the USCIS they will note the filing date or the "priority date." The applicant must wait for the priority date to be current before he or she can file to adjust status or apply for an immigrant visa.

Experienced Representation You Can Rely On

Attorneys at Piedrahita Law Firm, P.A. provide expert legal counsel and representation in all family sponsored immigration matters. The firm also has extensive experience assisting clients with the K1 fiancé visa, K3 marriage visa, adjustment of status to permanent residence, and consular processing of immigrant visas. To arrange a professional consultation with a knowledgeable immigration lawyer, contact the firm at (954) 385-6811 or by e-mail. In-office and telephonic consultations are available.