Family Based Immigration
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If you need to gain legal status, whether in the United States or outside through a family member, we are here to help you and determine any benefits or challenges you may face. We have been representing clients in this area since 1997.
Obtaining legal status through a family member requires the U.S. citizen or permanent resident to first establish your relationship by filing a USCIS Petition for Alien Relative.
From there, the process dictates whether you adjust status inside the U.S. or use consular processing abroad.
1. Identify Your Category
Family relationships are divided into two primary categories with different waiting times:
- Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens. Visas are unlimited and immediately available, offering the fastest route to a Green Card.
- Family Preference Categories: Adult children, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of Green Card holders. These are capped annually, requiring you to wait in line based on your priority date.
- In the U.S.: If you are currently in the country legally and visas are immediately available, you can concurrently file your USCIS Green Card Adjustment Status Application alongside the relative petition.
- Abroad: If you are outside the country, the petitioner submits the paperwork in the U.S. Once approved, the file goes to the Department of State Consular Processing stage for your immigrant visa interview at the U.S. embassy or consulate in your region.
For individuals pursuing permanent residence, official requirements and document checklists are available via the USA.gov Sponsoring Family Member Guide.