Family-Based Immigration

Family-Based Immigration

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To promote family unity, U.S. immigration law allows U.S. citizens and Lawful Permanent Residents (green-card holders), to petition for certain type of family members to receive family-based immigrant visas (green cards) to come and live permanently in the United States.

A U.S. Citizen can only petition for his/her:

  • Spouse
  • Fiancé(e)
  • Son or Daughter
  • Parent
  • Brother or Sister

A Lawful Permanent Resident can only petition for his/her:

  • Spouse
  • Unmarried Son or Daughter
There are two types of family-based immigrant visas:

Immediate Relative 
These visas are issued to those who are designated as close family members of U.S. citizens. There is no limitation on the number of immigrants who can receive green cards under this category each fiscal year. Immediate relative visa types include:

  • Spouses of U.S. Citizens
  • Unmarried Children (under 21 years age) of U.S. Citizens
  • Orphans adopted abroad by U.S. Citizens
  • Orphans to be adopted in the U.S. by U.S. Citizens
  • Parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older)

Family Preference

These visas are issued to those who have a specific but more distant family relationship with U.S. citizens or Lawful Permanent Residents. There is a numerical limitation to the number of immigrants who can receive green cards under this category each fiscal year. Family preference visa types include:

  • Unmarried sons and daughters (21 years of age and older) of U.S. Citizens
  • Spouses of Lawful Permanent Residents
  • Children (unmarried and under 21 years of age) of Lawful Permanent Residents
  • Unmarried sons and daughters (21 years of age and older) of Lawful Permanent Residents
  • Married sons and daughters of U.S. Citizens
  • Brothers and Sisters of U.S. of U.S. Citizens

Hinkson Immigration Law, PLLC is well equipped in assisting clients navigate through the family-based immigration process which culminates in either family members receiving their immigrant visas abroad through consular processing or within the U.S. through adjustment of status. Schedule your consultation.

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