We advise our clients on family-based immigration options and prepare for and represent our clients seeking family-based permanent residency at interviews at USCIS offices or U.S. consulates. We also advise on legal issues and assist in all types of family-based immigration cases at USCIS offices, service centers, and U.S. consulates. Our goal in these cases is always to unify families in the U.S.
General Requirements
- Sponsoring relative must file a Form I-130 petition on behalf of the qualifying foreign national relative.
- Documentation of the qualifying family relationship.
- Affidavit of support establishing that the relative will not become a public charge.
Immediate Relative
Immediate Relative – for spouses, parents, and children of U.S. citizens (unmarried and under the 21 years old). This category is not subject to any caps or backlogs.
Specific Requirements
- U.S.-based foreign nationals can file Form I-485 Adjustment of Status (“AOS”) petitions
- Foreign nationals outside the U.S. proceed via consular processing (“CP”).
- Documented proof of the qualifying relationship (e.g., birth records).
- Spouses must prove
- legal marriage,
- that is bona fide (not entered into primarily for purposes of gaining immigration benefits), and
- if married for less than two (2) years, the foreign national spouse will receive conditional permanent residence for two (2) years.
- Removal of the conditions requires proof of a bona fide marriage.
Preference Relatives VISA
Preference Relatives – for relatives of U.S. citizens and LPRs that do not fall in the “immediate relatives” category, subject to caps and backlogs, listed below in order of preference.
Specific Requirements
- Unmarried children (any age) of U.S. citizens
- Spouses and unmarried children of LPRs
- Married children of U.S. citizens
- Siblings of U.S. citizens
