Family-Based Immigrant Visas
Reuniting and keeping families together has traditionally been Congress' foremost consideration in the promulgation of U.S. immigration laws. Family reunification is also the key objective of the Law Offices of Ursula Lotwala, Esq. Our mission is to help our clients identify all the lawful forms of relief available to foreigners based on their family relationship to citizens or to permanent residents of the United States.
Immigration laws retain family reunification as a major objective. Under these laws, foreign nationals can become U.S. permanent residents, allowing them to live and work in the U.S. without time limitations, based on their qualifying family relationship to a U.S. citizen or legal permanent resident.
Family-based immigration falls under two basic categories: unlimited and limited. For instance, there is no limit on the number of visas available for immediate relatives of US citizens, including: adult parents, spouses and unmarried children under the age of 21. Returning permanent U.S. residents, after a temporary visit of more then one year abroad, also fall in the unlimited preference category.
Those not eligible for the unlimited category are issued a preference number based on factors that include: the nature of the relationship with the US citizen or permanent resident, the date a petition was filed, and the country of origin of the prospective immigrant.
There are four established preference categories for other immediate family members and relatives. A limited number of visas are allotted to these preference categories each year.
The family-based limited preference categories are:
- First preference : Unmarried sons and daughters over 21 of U.S. citizens, and their children.
- Second preference:
- Spouses of permanent residents ("green card" holders) and their unmarried sons and daughters under the age of 21.
- Unmarried sons or daughters, over the age of 21, of permanent residents ("green card" holders).
- Third preference: Married sons and daughters of U.S. citizens, and their spouses and children.
- Fourth preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.
Visas are issued on a first-come, first-served basis conditioned on the date the petition was filed by the U.S. citizen or permanent resident spouse, parent, sibling, or child (over 21 years). The availability of visas in the limited preference categories is also subject to the foreign national's country quota system.
PROCEDURE
First, the permanent residence petition is filed with the appropriate Service Center to have the foreign national classified as a qualified family-based immigrant. Once the foreign national is found qualified to be within one of the groups to which U.S. Congress has given preference (as discussed above) and a visa in that foreign national's preference category is immediately available, he can then either obtain his immigrant visa at a U.S. consulate abroad or adjust to permanent residence from within the United States. If the foreign national applies for adjustment of status, it is important that he remains in lawful status; otherwise he may not qualify for the adjustment of status.
Special issues - quota chargeability, where the birth, marriage, or prior divorces took place, etc. - may arise that can affect the foreign national's ability to immigrate through family-based petitions. These issues should be identified and resolved in advance.
It is critical for your case to be filed correctly (at a proper place, using proper forms, with all the required supporting evidence) and closely monitored after submission. We understand how important your immigration matter is to you. We know that you and your relatives' career, family life and future plans in the U.S. can be severely impacted by an improperly filed immigrant petition. To avoid these unpleasant circumstances, we encourage you to consult with an experienced immigration attorney regarding the current U.S. immigration laws and procedures before filing.
For more information on Immigration through a Family Member click here.
Questions? Visit the FAQ on Family-Based Immigrant Visas here.
