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Family Petitions
Overview
Family-based immigration is one of the most common ways for individuals to obtain lawful permanent residency (a green card) in the United States. If you are a U.S. citizen or lawful permanent resident (LPR), you may be eligible to petition for certain family members to immigrate to the U.S. through United States Citizenship and Immigration Services (USCIS).
Who Can File a Family Petition?
Only U.S. citizens and lawful permanent residents (green card holders) can file a family petition, but the types of family members eligible differ:
U.S. Citizens can petition for:
1) Spouse
2) Children (unmarried and under 21)
3) Sons and daughters (married and/or over 21)
4) Parents (if the petitioner is at least 21 years old)
5) Siblings (if the petitioner is at least 21 years old)
Lawful Permanent Residents (LPRs) can petition for:
Only U.S. citizens and lawful permanent residents (green card holders) can file a family petition, but the types of family members eligible differ:
General Requirements for Family Petitions:
To start the family immigration process, the petitioner must file a Petition for the Alien Relative with USCIS. This step aims to establish a valid family relationship between the petitioner and the intending immigrant (the beneficiary).
KEY REQUIREMENTS
INCLUDE:
Proof of the petitioner’s U.S. citizenship or lawful permanent residency (passport, naturalization certificate, green card, etc.).
Proof of the family relationship (e.g., marriage certificate for spouses, birth certificate for children, etc.).
Evidence that the relationship is genuine (for spousal petitions, this may include joint financial records, photos, or affidavits from friends and family).
Payment of government filing fees.
WHAT HAPPENS AFTER FILING?
Once USCIS processes the petition, the following steps depend on the beneficiary’s location and the case details:
a) If inside the U.S. (may be eligible for Adjustment of Status):
The beneficiary may apply for a green card without leaving the country once a visa is available.
b) If outside the U.S. (Consular Processing):
Payment of government filing fees.
Processing Times & Visa Availability
Processing times for family petitions vary based on USCIS workload and visa category. Immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) generally have faster processing times, while family preference categories (such as siblings of U.S. citizens or spouses of green card holders) may face longer wait times due to visa quotas.
* Please note that these are the general requirements for a family petition. Additional requirements may arise depending on the details of your case. Thus, this does not constitute legal advice.
- Filing a family petition is a critical step in bringing your loved ones to the U.S. Our firm is here to guide you through the process, ensure accuracy in your application, and help avoid delays. Contact us today for a consultation
Overview
Family-based immigration is one of the most common ways for individuals to obtain lawful permanent residency (a green card) in the United States. If you are a U.S. citizen or lawful permanent resident (LPR), you may be eligible to petition for certain family members to immigrate to the U.S. through United States Citizenship and Immigration Services (USCIS).
Who Can File a Family Petition?
Only U.S. citizens and lawful permanent residents (green card holders) can file a family petition, but the types of family members eligible differ:
U.S. Citizens can petition for:
-
Spouse
-
Children (unmarried and under 21)
-
Sons and daughters (married and/or over 21)
-
Parents (if the petitioner is at least 21 years old)
-
Siblings (if the petitioner is at least 21 years old)
Lawful Permanent Residents (LPRs) can petition for:
-
Spouse
-
Unmarried children (under 21)
-
Unmarried sons and daughters (21 or older)
General Requirements for Family Petitions:
To start the family immigration process, the petitioner must file a Petition for the Alien Relative with USCIS. This step aims to establish a valid family relationship between the petitioner and the intending immigrant (the beneficiary).
Key requirements include:
-
Proof of the petitioner’s U.S. citizenship or lawful permanent residency (passport, naturalization certificate, green card, etc.).
-
Proof of the family relationship (e.g., marriage certificate for spouses, birth certificate for children, etc.).
-
Evidence that the relationship is genuine (for spousal petitions, this may include joint financial records, photos, or affidavits from friends and family).
-
Payment of government filing fees.
What Happens After Filing?
Once USCIS processes the petition, the following steps depend on the beneficiary’s location and the case details:
a) If inside the U.S. (may be eligible for Adjustment of Status):
The beneficiary may apply for a green card without leaving the country once a visa is available.
b) If outside the U.S. (Consular Processing):
USCIS forwards the approved initial petition to the National Visa Center (NVC), which will process the case and schedule a visa interview at a U.S. embassy or consulate.
-
Some more complex cases may require one or multiple Waivers.
Processing Times & Visa Availability
Processing times for family petitions vary based on USCIS workload and visa category. Immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) generally have faster processing times, while family preference categories (such as siblings of U.S. citizens or spouses of green card holders) may face longer wait times due to visa quotas.
* Please note that these are the general requirements for a family petition. Additional requirements may arise depending on the details of your case. Thus, this does not constitute legal advice.
-
Filing a family petition is a critical step in bringing your loved ones to the U.S. Our firm is here to guide you through the process, ensure accuracy in your application, and help avoid delays. Contact us today for a consultation
Our Services For Family Petition
Initial Family Petitions
Application for Waiver of Grounds of Inadmissibility
Adjustment of Status
Request for Actions on Approved Applications
Family Petition and Adjustment of Status (One Step)
Advance Parole, (travel permits)
Consular Process
Employment Authorization
Consular Process for Derivatives
Consular Process for Derivatives
Fiance of a U.S. Citizen Visa Applications - initial petition- USCIS
Criminal Investigation
Fiance of a U.S. Citizen Adjustment of Status
Request for Expedited processing
Fiance of a U.S. Citizen Derivative Applications
RFE -Request for Evidence Responses
Removal of Conditions in Conditional Legal Permanent Residency
NOID - Notice of Intent to Deny Applications Responses
Removal of Conditions -Self-filling Waiver.
Motions to Reopen or/and Reconsider a Denied Application
Application for Provisional Unlawful Presence Waiver
FOIAS
USCIS and Consular Inquiries
Ombudsman Requests
Initial Family Petitions Derivatives Application
Application for Permission to Reapply for Admission into the United States After Deportation or Removal
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