Family Based Immigration

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Green Card Through Family-Based Petition

Most people who apply for a Green Card will have an immigration petition filed for them. Someone usually must file the petition for you; although you may be eligible to file for yourself in some cases.


The family-based petition requires an underlying immigrant petition before you can file your adjustment of status. In some cases, you may be able to file the petitions concurrently or at the same time.

It is extremely important to understand the process you are beginning and all the requirements it entails. Every case is different and understanding the law and following the legal procedures correctly will ensure you are successful in obtaining your Green Card.


USCIS officials will review your case to determine whether an interview is necessary. When you attend the interview, you and the family member who filed the immigrant petition for you must appear and take all relevant evidence. If you are looking to petition for a family member or have someone who can petition for you, call us today.

Which Family Members Are Eligible to Apply for a Green Card?

Two types of family members are eligible to apply: U.S. citizens’ immediate relatives and a broader category, called “preference relatives.” According to immigration law, immediate relatives are the U.S. citizen’s spouse, unmarried minor children, and parents, provided the U.S. citizen is 21 years old or older. The qualifications for preference relatives are more complicated and consist of four levels. The highest preference goes to U.S. citizens’ adult unmarried children, followed by lawful permanent residents’ spouses and unmarried children. The third preference category is U.S. citizens’ married children, followed by U.S. citizens’ siblings, provided that the U.S. citizen is at least 21 years old. Fiancés of U.S. citizens, however, are eligible for a special visa (link to fiancé visa page) and have a similar status as immediate relatives, provided that their wedding takes place within 90 days of their arrival. To speed up the process, it helps to have a legal team that can make sure that everything is in order. Set up your appointment today.

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How Long Will My Family Members Need to Wait?

Immediate relatives may apply for a visa without a wait, while preference relatives must usually wait since the U.S. limits the number of immigrant visas for each country. It’s of the utmost urgency for your preference relatives to file their petitions as soon as possible since the USCIS processes these by the date on which your relatives file. In countries where there are many people applying for immigrant visas to the U.S., the wait can be extremely long – often stretching into several years before you can enter the U.S. Our experienced immigration lawyers can help get the process started. Get in touch with us today.

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