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Immilawyers.com
Gateway to the U.S.A.

Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A.

561-459-7207

  • Home
  • Work Visas
    • E1 Investor Visa
    • E2 Investor Visa
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    • L-1 Visas
    • J-1 Visas
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Family Based Green Card Options

Find out more

Family Based Green Card - US Immigration Lawyer

The Immigration and Nationality Act allows for the  immigration of foreigners to the United States based on relationship to a  U.S. citizen or legal permanent resident. Family-based immigration  falls under two basic categories: unlimited and limited.


Contact an immigration lawyer at our office to learn more about how we can help prepare and file your green card application.   

 

Unlimited Family-Based Green Cards

Immediate Relatives of U.S. Citizens (IR)


The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.


Returning Residents (SB)


Immigrants who lived in the United States previously as lawful  permanent residents and are returning to live in the U.S. after a  temporary visit of more than one year abroad.


Limited Family-Based Green Cards - U.S. Green Cards

Family First Preference (F1)


Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400).


Family Second Preference


Spouses, minor children, and unmarried sons and daughters (over age  20) of lawful permanent residents. (114,200) At least seventy-seven  percent of all visas available for this category will go to the spouses  and children; the remainder will be allocated to unmarried sons and  daughters.


Family Third Preference (F3)


Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)


Family Fourth Preference (F4)


Brothers and sisters of United States citizens, and their spouses and  children, provided the U.S. citizens are at least 21 years of age.  (65,000).


Family Based Green Card Petitions


Relatives of intending immigrants who plan to base  their immigrant visa applications on family relationship must obtain a  Form I-130, Immigrant Petition for Relative, from the Bureau of  Citizenship and Immigration Services in the Department of Homeland  Security (BCIS). The petitioning U.S. citizen or legal permanent  resident must submit the Form I-130 to the BCIS office. Forms and  instructions are available from BCIS. Once BCIS approves the petition,  they will send the petitioner a notice of approval, Form I-797. BCIS  will also forward the approved petition to the Immigrant Visa Processing  Center, which will contact the intending immigrant with further  information.


Visa Ineligibility/Waiver


The immigration laws of the United States, in order to  protect the health, welfare, and security of the United States, prohibit  the issuance of a visa to certain applicants. Examples of applicants  who must be refused visas are those who: have a communicable disease  such as tuberculosis, have a dangerous physical or mental disorder, or  are drug addicts; have committed serious criminal acts; are terrorists,  subversives, members of a totalitarian party, or former Nazi war  criminals; have used illegal means to enter the United States; or are  ineligible for citizenship. Some former exchange visitors must live  abroad two years. Physicians who intend to practice medicine must pass a  qualifying exam before receiving immigrant visas. If found to be  ineligible, the consular officer will then advise the applicant if the  law provides for some form of waiver.


Other Important Information for Green Card Applications

Documents for a Visa Application


The petitioner/sponsor must provide an Affidavit of Support, Form  I-864 . All Applicants must submit certain personal documents such as  passports, birth certificates, police certificates, and other civil  documents. The consular officer will inform visa applicants of the  documents needed as their applications are processed.


Medical Examinations


Before the issuance of an immigrant visa, every applicant, regardless  of age, must undergo a medical examination. The examination will be  conducted by a doctor designated by the consular officer. Costs for such  examinations must be borne by the applicant, in addition to the visa  fees.


Visa Fees


The cost of each immigrant visa application processing fee (per  person) is (US) $380. Fees must be paid for each intending immigrant  regardless of age, and are not refundable. Local currency equivalents  are acceptable. Fees should not be sent to the consular office unless  requested specifically. The USCIS charges additional fees for filing  petitions.


Numerical Limitations


Whenever there are more qualified applicants for a category than  there are available numbers, the category will be considered  oversubscribed, and immigrant visas will be issued in the chronological  order in which the petitions were filed until the numerical limit for  the category is reached. The filing date of a petition becomes the  applicant's priority date. Immigrant visas cannot be issued until an  applicant's priority date is reached. In certain heavily oversubscribed  categories, there may be a waiting period of several years before a  priority date is reached. Check the Visa Bulletin for the latest  priority dates.


Important Information for Visa/Green Card Applicants


Since no advance assurances can be given that a visa will be issued,  applicants are advised not to make any final travel arrangements, not to  dispose of their property, and not to give up their jobs until visas  have been issued to them. An immigrant visa can be valid for six months  from date of issuance.

With few exceptions, a person born in the United States has a claim  to U.S. citizenship. Persons born in countries other than the U.S. may  have a claim, under United States law, to U.S. nationality if:

Either parent was born or naturalized in the U.S., or Either parent was a U.S. citizen at the time of applicant's birth.


Any applicant believing he or she may have a claim to U.S.  citizenship should not apply for a visa until his or her citizenship has  been determined by the consular office.

Copyright © 2025 U.S. Immigration Lawyer - Work Visas, Green Cards, Citizenship - All Rights Reserved.

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