FAMILY & RELATIVE BASED IMMIGRATION

Confusion sometimes surrounds family based immigration, and you may have numerous questions regarding how you or your loved one should best proceed.  It’s important to work with a trusted attorney who cares about your unique family based immigration situation and helps you explore your options. Our mission is your success, and we deliver an unparalleled level of attention and skill to your case. Consider working with the Atherley Law Firm for all of your family based immigration needs.

Clients often desire to help family members, relatives, spouses, and Fiancées, immigrate to the U.S. for the chance of living the American dream.  The Atherley Law Firm will advise you on the quickest path to helping your family legally enter the United States or acquire permanent residency.  We will discuss the documentation requirements, and explore the options available.  Our goal is to ensure that you and your loved ones are reunited as quickly as possible.

FAMILY BASED IMMIGRATION REQUIREMENTS

Immigration into the United States is based on the Immigration and Nationality Act.  The type of familial relationship a foreign individual may have with a U.S. Citizen or permanent resident dictates what family based immigrant preference category that family member is placed in. Family based immigrants are defined as adult or married sons and daughters, brothers, or sisters of U.S. citizens, or the spouse of a U.S. permanent resident.  Each category has a waiting period associated with the petition approval and issuing of the visa.

U.S. Citizens are eligible to apply for the following relatives:

  • Husband
  • Wife
  • Unmarried Son or Daughter Under 21 years old
  • Unmarried Son or Daughter Over 21 years old
  • Married Son or Daughter of Any Age
  • Brother (If U.S. Citizen is at least 21 years old)
  • Sister (If U.S. Citizen is at least 21 years old)
  • Mother (If U.S. Citizen is at least 21 years old)
  • Father (If U.S. Citizen is at least 21 years old)

Permanent Residents & Green Card Holders are eligible to apply for the following relatives:

  • Husband
  • Wife
  • Unmarried Son or Daughter Under 21 years old
  • Unmarried Son or Daughter Over 21 years old

U.S. Citizens & Permanent Residents are NOT eligible to apply for the following relatives:

  • Grandchild
  • Grandparent
  • Niece
  • Nephew
  • Uncle
  • Aunt
  • Cousin
  • In-Law

PREFERENCE CATEGORIES

Visas become available in preference categories according to the priority date, which is established when the petition is properly filed.  Some visas are unlimited and exclusive to U.S. Citizens.  For the visas that fall into this category, the beneficiary does not have the waiting period found in the other categories and if they qualify as an immediate relative of a U.S. Citizen, they don’t wait for a priority date to receive their visas.  This unlimited immediate relative category has no numerical limit on the amount of visas issued per year.  The other four preference categories have a certain number of visas issued each year and various lengths of waiting time for those visas to become available based on the preference category.

  • UNLIMITED – IMMEDIATE RELATIVE:
    • Spouses, unmarried sons and daughters, and parents of U.S. Citizens
  • FIRST PREFERENCE:
    • Unmarried adult sons and daughters, 21 or older, of U.S. Citizens
  • SECOND PREFERENCE 2A:
    • Spouses of green card holders, and unmarried children under 21, of permanent residents
  • SECOND PREFERENCE 2B:
    • Unmarried adult sons and daughters of permanent residents
  • THIRD PREFERENCE:
    • Married sons and daughters of U.S. citizens, any age
  • FOURTH PREFERENCE:
    • Brother and sisters of adult U.S. citizens

GENERAL FAMILY-BASED IMMIGRATION STEPS

  • GATHER REQUIRED DOCUMENTS
  • SUBMIT IMMIGRATION PETITION & FEES
  • AFTER APPROVED, CHECK PRIORITY DATE
  • BEGIN NATIONAL VISA CENTER (VNC) PROCESSING
  • PAY REQUIRED FEES
  • SUBMIT FORMS AND DOCUMENTS TO NVC
  • SUBMIT VISA APPLICATION
  • PREPARE FINANCIAL AND SUPPORTING DOCUMENTS
  •  SUBMIT FINANCIAL AND SUPPORTING DOCUMENTS TO NVC
  • PREPARE FOR IMMIGRANT VISA APPLICANT INTERVIEW
  • ATTEND IMMIGRANT VISA APPLICANT INTERVIEW
  • RECEIVE NOTICE OF VISA APPROVAL OR DENIAL

OUR FAMILY-BASED IMMIGRATION PETITION SERVICES

RELATIVES OF U.S. CITIZENS

  • U.S. CITIZEN PETITION FOR SPOUSE
  • U.S. CITIZEN PETITION FOR Fiancé
  • U.S. CITIZEN PETITION FOR AN IMMEDIATE RELATIVE
  • U.S. CITIZEN PETITION FOR AN ADOPTED CHLD
  • U.S. CITIZEN PETITION FOR RELATIVE OUTSIDE THE U.S.
  • U.S. CITIZEN PETITION FOR RELATIVE INSIDE THE U.S.

RELATIVES OF GREEN CARD HOLDERS

  • LAWFUL PERMANENT RESIDENT (LPR) PETITION FOR SPOUSE
  • LAWFUL PERMANENT RESIDENT (LPR) PETITION FOR UNMARRIED CHILD

OTHER FAMILY BASED IMMIGRATION

  • ORPHAN ADOPTION
  • HAGUE ADOPTION
  • ADJUSTMENT OF STATUS
  • CONSULAR PROCEESSING
  • ADVANCE PAROLE
  • WORK PERMITS
  • RE-ENTRY PERMITS
  • TRAVEL DOCUMENTS
  • K-VISAS

CONSULT A KNOWLEDGEABLE KISSIMMEE FAMILY IMMIGRATION ATTORNEY

Fully understanding the process and careful preparation is required at each step to ensure success during the family based immigration process. Contact an immigration attorney at Atherley Law Firm who can guide you or your loved one through each step of the process, explaining your rights, providing you with options, and preparing and filing the necessary paperwork according to the guidelines of the USCIS. We represent family immigration clients in the central Florida area including, Orlando and Kissimmee, where we maintain a downtown Orlando location and Kissimmee satellite office. For a free initial consultation, call us today at (407) 459-7046, contact us online, or schedule your own consultation.

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