Family-based petitions are usually filed by U.S Citizens or permanent residents. An Immediate relative of the applicant can apply for a family-based petition. Immediate relative includes spouses, parents, and children. There are some special rules which will apply to the spouses of U.S Citizens if a marriage is less than two years. Preference relatives who are U.S citizens and permanent residents can also apply for family-based petitions. These include married and unmarried sons and/or daughters who are over 21 years of age of U.S citizens, brothers and/or sisters of U.S citizens. Included also in the preference relative category are spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S permanent residents. However, keep in mind that preference relatives cannot obtain permanent residence until their priority dates are current.
One thing to note is that there is no waiting times for visa availability for immediate relative and may qualify to file I-485 to adjust status. Preference relatives on the other hand have a very long waiting time due to their strict annual limits on permanent immigration benefits. The length of waiting times depends on which family preference category as well as the country of origin.
Below are the requirements:
- Form I-130 has to be filed by the sponsoring relative for the qualifying foreign national relative. If the relative currently lives outside the U.S., then the case will be handled via consular processing in their respective countries.
- Additional I-130 for Immediate relatives of each sponsored family member.
- Proof and/or documentation of qualifying familial relationships must be submitted.
- Affidavits of support are usually required for family-based cases.
How We Can help
- SanSha Law Office can help and assist in preparing for and representing our clients for interviews at USCIS offices or U.S. consulates.
- We also provide legal advice with regard to issues and can help you with all types of family-based immigration cases at local USCIS offices, service centers, and U.S. consulates abroad.
For additional information please call us at (469) 777-6161 for your initial consultation, or if you prefer to use the Contact Us form, we will be more than happy to follow up with you.
You can also click on the schedule An Appointment link on the page to schedule a meeting with us based on your convenience