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Family-Based Immigration

If an individual is seeking immigrant status based on the fact that they have a relative who is a US citizen or a lawful permanent resident, the following is required:
  • [The individual must be eligible for lawful permanent residence based on a family relationship defined under the immigration laws.]
  • [Form I-130, Petition for Alien Relative, must be filed by the individual's relative (sponsor), along with proof of the family relationship, and the petition must be approved by the government.]
  • [Adjustment of status or consular processing can begin immediately, or after the applicable wait, depending on the nature and degree of the relationship.]
The spouses, parents, and minor children of U.S. citizens do not have to wait for a visa to become available. Once the USCIS approves the family-based visa petition filed by their relative, they will receive an immigrant visa immediately. Petitions for other relatives are considered according to the following preference system:
  • [First preference: Unmarried, adult (meaning 21 years of age or older) sons and daughters of U.S. citizens.]
  • [Second preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.]
  • [Third preference: Married sons and daughters of U.S. Citizens.]
  • [Fourth Preference: Brothers and sisters of adult U.S. Citizens.]

Additional steps are also necessary for a successful petition, and not every relative is instantly eligible. Your immigration attorney will help make sure you take all of the necessary steps for your petition.


Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your legal immigration needs.

FAQ's
Q: What are factors considered by the US Citizenship and Immigration Services (USCIS) in granting an individual immigration status?
A: The immigration authorities at the USCIS have wide discretion in reviewing petition for immigration status. The factors considered by the USCIS include whether the applicant has an immediate relative who is a US citizen or a lawful permanent resident; whether the applicant has a permanent employment opportunity in the US and whether that employment fits under one of the five eligible employment categories; and whether the applicant qualifies for refugee status.

Q: What is the basis for being deported?
A: Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the United States.

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Resources
This resource, maintained by US Citizenship and Immigration Services (USCIS), provides information on immigration forms, including filing fee information, and provides on-line access to these forms.

The Center for Immigration Studies site provides articles and research on immigration issues.

This set of resources, maintained by the Legal Information Institute at Cornell University, provides an overview of immigration law.