Family members whose loved ones live in the United States apply for visas every day, hoping to meet and reunite with their loved ones. If you are a permanent resident or citizen of the United States, you can petition for your family member planning to come to the United States.
When they get the visa, they will be allowed to live and work in the United States. This can be even more effective if you involve a family immigration lawyer. If you live in Georgia, Moffitt Law, LLC can help you through the immigration process. Contact us today for legal advice and guidance.
Family-Based Immigration for Immediate Relatives
An immediate relative visa is available for close family members related to a U.S. citizen or a permanent resident. The application process is not subject to numerical limitations like the no-immediate relatives. Below is the list of people under the immediate family category.
- A spouse of a U.S. citizen
- A parent of a U.S. citizen’s child over 21 years old
- Unmarried under 21 years old son or daughter of a U.S. citizen
If the immediate relative of a U.S. citizen is in the States, they can adjust their visa to permanent residence while in the country. The adjustment to the permanent resident can happen simultaneously with the petition to minimize the time for the adjustment.
If the immediate family member is not in the U.S, the process takes longer, but the petition doesn’t become subject to numerical limitations. The United States citizen or permanent resident files the petition on the relative’s behalf. Once the beneficiary gets the visa number, they will be notified to appear in the United States consulate or embassy in their home country.
Family-Based Immigration for Non-Immediate Relatives
The United States issues limited visas to non-immediate family members per year. The Department of State determines the availability of an immigrant visa depending on the date the U.S. citizen files the petition.
Preference Categories for Family-Based Petitions
Below are the preference categories of the visa petition in the United States:
- First preference: Above 21 years old and unmarried sons and daughters of the U.S. citizen.
- Second preference (F2A): Spouses and unmarried children of lawful permanent residents
- Second preference (F2B): Unmarried and over 21 years old sons and daughters of U.S. residents.
- Third preference: Sons and daughters of the U.S. Citizen (of any age)
- Fourth preference: Brother/sisters of the U.S. citizen, including their spouses and minor children.
Visa approval can be time-consuming. Moffitt Law, LLC can collaborate with U.S. embassies and consulates in the relevant countries to streamline the process. Contact us today and let us guide you through.
Visa Application Process
The visa application process is not easy, even if you are eligible to bring your loved ones to the United States. Below are the procedures when applying for an immediate family member’s visa:
- Make a request to the United States government requesting for a family member to migrate to the U.S.
- File form 1-130 to petition for your relative.
- After approval of the 1-130 and visa number availability, your family member applies for a green card.
- Green card applications can be through the consular processing or adjustment of status.
- If the immigrant is in the U.S on a student or tourist visa, they can adjust their status to a permanent resident.
- Some people may need to provide passport photographs, government-issued ID, and a birth certificate copy.
The immigrant may also need to submit more forms depending on their nonimmigrant status. All this involves plenty of time-consuming processes, and this is why it is best to work with an experienced Georgia family lawyer to help you.
Filing forms can be the most complicated yet critical if you do not fill them well. It can hinder the entire process, and your loved one may not get a green card in the long run. Moffitt Law, LLC has experienced family lawyers in Georgia and can guide you through immigration. Contact us today for legal advice.
Contact an Experienced Georgia Family Law Attorney Today
If your relative plans to come to the United States, we can help. We help clients with family law matters to boost positive outcomes for the challenges they may be facing. Our lawyers can guide you to prepare successful immigration applications and petitions. Contact us today for a free consultation.
Family-Based Immigration FAQs
Who can sponsor a parent?
Any U.S resident or citizen above 21 years can sponsor their parents to come to the United States. The parents can live and work permanently in the U.S.
Who can sponsor a sibling?
If you are above 21 years and a resident or citizen of the United States, you are eligible to sponsor your sibling to live and work in the United States.
Can I appeal if the visa gets denied?
Yes. You are allowed to appeal if the visa gets denied by checking the denial letter for the appeal process. You may need to appeal within 33 days after the denial.