California Family Visa Lawyer
USA Family Based Green Card Attorney
With offices in the Philippines and the United States, immigration lawyer Khoa Bui assists US residents and citizens with family based visa issues. Whether you are trying to get your fiancé or fiancée permanent residency status, or bring your parents, children, or siblings to the United States to join you, contact us --we can help.
When an immigrant visa is issued, the recipient has the right to live and work in the United States, as well as the right to petition for family visas or green cards for their immediate family. A family visa also opens the gate toward US citizenship once certain conditions are met.
The petition for a family based green card is a two step process:
(1) The petition must be filed with and approved by the United States Citizenship and Immigration Services (USCIS), and
(2) Once the petition is approved, the beneficiary must be granted a visa by the Department of State to enter the US as an immigrant. If the beneficiary is already in the U.S. at the time of the approval, (s) he may apply for an Adjustment of Status (AOS).
A family based visa may be classified in two groups according to family relationships. They are as follows:
Unlimited Family Based Visas
There is no annual limit as far as the number of visas that become available each year for each category of immigrant who falls in this group. Beneficiaries in this group do not have to wait until a family visa is available. The family visa is available once the petition is approved by the USCIS.
The spouse of a U.S. citizen qualifies for permanent residency. For the first two years of the marriage, the green card is conditional. The beneficiary is to file for the removal of the condition at least 90 days before the 2nd anniversary of the marriage to become permanent resident
- Unmarried Children of U.S. Citizen
To qualify for an immediate relative Green Card under this group, the child must be unmarried and under 21 years old. This benefit would apply to an adopted child under 16 years old or to stepchildren of a U.S. citizen if the marriage creating the step parent/child relationship occurred before the 18th birthday of the child in question.
- Widows or Widowers of U.S. Citizens
Parents of U.S. citizens who are at least 21 year old and stepparent of U.S. citizens may also qualify if the marriage from which came the step parent/children relationship occurred before the 18 birthday of the child in question.
Limited Family Based Visas
The family based immigration petition is filed under a “preference” based on the family relationship between the immigrant alien and the petitioning family member. There is a defined quota system that may cause long periods of waiting.
The relative beneficiary under limited immigration must wait for the availability of an immigrant visa number within the “preference” under which the petition was approved. For any year where there are more qualified applicants for a category than the allotted numbers of visa in a particular category, the category in question will be considered oversubscribed, and immigrant visas will be issued in the order in which the petitions were filed (the Receipt Date). Such date is the applicant's priority date. Review the Visa Bulletin for the latest priority dates.
- Family Based First Preference
This is the category for unmarried children of U.S. Citizens who are older than 21 year old. Twenty three thousand green cards are allotted to this category each year.
- Family Based First Preference
This is the category for:
- Spouses and minor children of Lawful Permanent Residents (LPR)
- Children of LPR who are over 21 year old and unmarried
- Family Third Preference
Under this category are married children of U.S. Citizens, along with their spouses and children. Twenty three thousand immigrant visas are allotted to this category each year.
Under this category are the siblings of U.S. Citizens, and their spouses and children. Sixty seven thousands visas become available under this category each year.
The Petitioner:
In order to petition for a relative as a family based immigrant the petitioner must be a LPR or a citizen who will prove that relationship and that (s)he can support the relative with earnings of at least 25% more than the poverty line.
We offer a free case assessment so you can discuss your family green card matter with an experienced immigration lawyer. We can explain the process, the timing, and the number of visas available in a given year. Please email us, call us at 408-882-0376, or fill out our immigration intake form on our Contact Us page. Let us help you bring your family members to the United States.
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