Family Immigration and Naturalization

Immigration Law in Murfreesboro, TN

Immigration through a family member who is a US citizen or permanent resident is the most common way of gaining US residency. All that is required is the qualifying family relationship. The ease with which a person can immigrate through a family member is in keeping with American notions of the importance of the family.

Family Based Immigration

Which relationships qualify to sponsor a Visa?

The first question to address in a family-based immigration case is whether a qualifying family relationship exists. Qualifying relationships are grouped into two main categories- immediate relatives and other close family members. Immediate relatives of US citizens are given special preferential treatment. First and foremost, they are allowed to immigrate in unlimited numbers.

Who is considered an immediate relative?

The following are considered immediate relatives:

  • Spouses
  • Children, unmarried and under 21
  • Parents

  • Who can be considered a preference relative?

    Other close family members of citizens and permanent residents are also allowed to immigrate, subject to annual numerical limitations. The following are other relatives who are allowed to immigrate:

  • Unmarried adult children of a citizen
  • Spouses and unmarried children of permanent residents
  • Married adult children of citizens
  • Siblings of citizens
    There are many technical rules relating to the allotment of Visas in the group, as well as definitions of the family relationship.

  • Immigration Attorney

    What do I need to know about preparing my application?

    The elements of the application that must be submitted to USCIS are the same for each type of family member. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. The petitioning relative must complete this form. The application must include documentation of the qualifying family relationship, and of the petitioner's status as a citizen or permanent resident.

    When the application is made for a spouse, it must include copies of Form G-325A- Biometric Information for each spouse, as well as two color photos of each spouse. When the application is filed for an immediate relative not subject to annual numerical limitation and the relative is in the US, an application for adjustment status may be filed at the same time. An adjustment application is the actual process where someone converts his or her status to permanent resident. Think of the I-120 as getting a place in the queue for a green card. The adjustment application is what actually gets you the green card.

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