Family Immigration Attorney Near Me

Family Immigration Attorney Near Me

United States citizens and lawful permanent residents (green card holders) are allowed under U.S. immigration law to petition and have their close relatives be given green cards based on their close family relationships. At Villarrubia & Rosenberger, we have experienced family immigration lawyers who help clients near you to navigate the complex U.S. immigration process successfully and seamlessly.

The immigration process one must go through to obtain a family-based green card and how long it will take to conclude the process depends on under what category the green card is sought. There are two broad categories under which most family-based immigration is accomplished, and these are the “immediate relatives” category and the “family preference” category.

Green Card for Immediate Relatives of U.S. Citizens

One is an immediate relative if they are related to a United States citizen in any of the following close relationships:

• Spouse
• An unmarried child who is under the age of 21 years 
• Parent, but only if the U.S. citizen is at least 21 years old

If you fall into any one of these relationships, then your U.S. citizen relative can petition for you to get a green card. The biggest advantage of seeking a green card under this category is your green application will be processed much faster than anyone who applies for a green card through any of the other family categories or other bases one may apply to obtain a green card.

Preference Family Members

Relatives of U.S. citizens who are not immediate relatives as described above or are relatives of green card holders are eligible to apply for a green card if they fall in any of the following preference categories:

• First preference (F1) – unmarried children of U.S. citizens over the age of 21 years
• Second preference (F2A) – spouses of legal age and unmarried children of green card holders who are under the age of 21 years
• Second preference (F2B) – unmarried children of green card holders who are over the age of 21 years
• Third preference (F3) – married children of U.S. citizens; and
• Fourth preference (F4) – siblings of U.S. citizens if the U.S. citizen is at least 21 years of age or older

Green Card Application Process

The U.S. citizen or green card holder must first file an I-130 Alien Relative Petition with the United States Citizenship and Immigration Services (USCIS). If it is a U.S. citizen filing the petition for an immediate relative as defined above, then the petition can be filed at the same time as an application for a green card for the immediate relative. 

In some cases, and typically in spousal relationships, the USCIS may schedule an interview for the U.S. citizen or permanent resident to be interviewed alongside their spouse, if they are in the United States. The purpose of the interview is for the USCIS to verify information on the petition and application as well as to establish the bona fides of the marital relationship.

If you seek a family-based green card, contact us today to schedule a consultation to discuss your situation and the way forward.