Family-Based Immigration

Did you know that a family member can help you become a legal permanent resident? It is true. This section is about the different ways you can gain your legal residence, and ultimately your United States citizenship, through a family member. Of course, your family member must be a Legal resident or a United States citizen.

Who can help me become a legal resident?

A family member who is a legal resident of the United States or already a United States citizen may sponsor you to become a legal resident. This is a popular and wonderful way of gaining legal status. Over the years, I have filed a thousand applications on behalf of family members- and it works!

How does it work? If you are married and your spouse is an LPR or USC citizen, your spouse can file an application for you. Your spouse becomes your “sponsor”.

Are there limits on the number of visas available for this group?

No. Some relatives can make the process go much faster and there is no limit on the number of visas for this group. Here is a list:

From shortest to longest wait time:

    • Spouse of a U.S. citizen (Shortest wait time)
    • Unmarried child under age of 21
    • Orphan adopted abroad by a USC
    • Orphan to be adopted in the US by USC
    • Parent of USC who is at least 21 years old. (Longest wait time)

These family members are wonderful sponsors and the application will be processed as fast as possible. There is no wait for an available visa. However, there is another group of relatives where the wait time can take longer. Why? You have to wait for a visa to become available. The numbers of visas are limited every year by the United States Congress. Here is a list of limited visas:

    • Family 1st Preference (F1): Unmarried sons/daughters of US citizens
    • Family 2nd Preference (F2): Spouses, minor children, unmarried sons/daughters over 21 years of age of Legal Permanent Residents.
    • Family 3rd Preference (F3): Married sons/daughters of U.S. citizens
    • Family 4th Preference (F4): Brothers and sisters of U.S. citizens

Should I apply on my own?

No. It is best to apply with the help of an attorney. Many people do not file correctly and end up having to re-do their application. They lose money and time. Often, the applications have to be re-filed and that can add years to the process.
Interested in helping a family member become a legal resident? Wonderful, let me explain the process. Contact me.

What applications must I file?

You must file form I-130 and G-325 as well as an affidavit of support form. These forms must be completed correctly along with the filing fees to the right address. Be careful.

What are the fees for filing?

The fees are always changing and you must send the latest fees. Otherwise, your application can be returned to you.

What documents will I need?

You will be required to file:

    • Your passport,
    • File the affidavit of support,
    • File an application for immigrant visa and alien registration,
    • Two photographs,
    • Other required documents such as marriage certificates, birth certificates. You may need to translate documents into the English language.
    • A medical examination and vaccination may be required.

Will an interview be required?

You will be scheduled for an interview where all your paperwork and application documents will be checked. There are documents you must bring to the interview. You will be notified at that time.