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Many people wish to immigrate to the United States because they have family in the United States. Sometimes, citizens want to bring family members who live in different countries to live here. In order to balance the total number of immigrants arriving based on family relationships, there is a complex system in place to calculate family preference visas. Family immigration law matters can be difficult both procedurally and emotionally. You should call dedicated Coral Gables immigration law attorney Lupe Lafont. Understanding how important these cases are, she provides compassionate, knowledgeable service to every client.

 

Family Immigration Law Matters

In order to assist your family member with immigration, you must be one of the following:

• Citizen

• Green card holder

• Refugee admitted in the last two years or an asylee granted asylum [link to asylum] within the last 2 years.

If you are a foreign citizen trying to live permanently in the country, you’ll need an immigrant visa. One way to apply for an immigrant visa is to be sponsored by an immediate relative that is at least age 21 and is either a citizen or a lawful permanent resident.

 

Family-Based Immigrant Visas

 

There are two categories of family-based immigrant visas. The first is for immediate relatives. These are visas arise out of on a close familial relationship with a United States citizen such as a parent, child, or spouse. The number of visas in this category are not capped. The second category is family preference, which are visas for particular, further removed family relationships with a United States citizen and some specific relationship with a lawful permanent resident. The number of immigrants allowed in this category is restricted each fiscal year. 

 

Filing a Petition for a Family Member as a United States Citizen

 

As a United States citizen, you can file an immigrant visa petition for your family member if you have any of the following immediate family relationships:

 

• Spouse

• Parent

• Sibling

• Son or daughter.

 

However, if you are a lawful permanent resident, you’re restricted to filing immigrant visa petitions for either of the following:

 

• Spouse

• Unmarried son or daughter.

 

The calculation for the cap on family immigrant applications for lawful permanent residents is determined in a complex way. The number of family-based visas allocated through the preference system doesn’t fall below 226,000.

 

If you came into the country as a refugee in the past 2 years or you were granted asylee status in the last 2 years, our Coral Gables lawyer can petition for derivative status for certain family members in immigration law proceedings.

 

Green Card Based on Family

 

Certain family members of citizens and lawful permanent residents can become lawful permanent residents or obtain a green card based on particular family relationships. If you’re the parent, minor child, or spouse of a United States citizen, you can apply for a green card in a family preference immigrant category. These are the family preference immigrant categories:

 

• The first preference is for unmarried sons and daughters who are at least 21 of citizens.

• The second preference is for spouses and children of lawful permanent residents.

• There is also a second preference for unmarried sons and daughters who are at least 21 of lawful permanent residents.

• Third preference is for the married daughters and sons of United States citizens.

• Fourth preference is for brothers and sisters of United States citizens.

You may be able to apply for lawful permanent resident status based on a family preference category while in the country. This process is called adjustment of status.

Children

 

The child of a parent who is immigrating or adjusting status within the country can immigrate at the same time as the parent. He or she must be eligible for an immigrant visa and green card as a derivative beneficiary of a petition filed for a parent or a lead beneficiary in his or her own right when a petition is filed directly.

 

Hire Our Compassionate Miami Immigration Lawyer for Your Family Immigration Concerns