Seasoned Legal Help for Clients in Marion & Polk Counties, and Throughout Oregon and the Pacific Northwest Since 2009
Family-based immigration is a pathway to lawful permanent residency (green cards) for foreign nationals with family members who are U.S. citizens or lawful permanent residents. If you are a citizen or green card holder, this process allows you to sponsor the legal immigration of eligible foreign-born relatives.
This immigration category underscores the importance of family unity, enabling close relatives to live, work, and thrive together in America. This process involves specific eligibility criteria and procedural requirements designed to maintain the integrity and fairness of immigration laws.
Navigating the complexities of family-based immigration law can be daunting. At Affordable Immigration, our team of highly experienced professionals is well-versed in the process. We have assisted countless individuals in achieving the benefits of the family immigration process since our firm’s founding in 2009.
Request a free initial consultation with our Salem family-based immigration attorney at Affordable Immigration by calling (971) 308-5892 or completing our online contact form. Hablamos español.
What Family Members are Eligible for Sponsorship by U.S. Citizens?
U.S. citizens can submit green card petitions for a wide range of family members, which include:
Immediate relatives: These include the U.S. citizen’s spouse, unmarried children under 21, and parents (if the citizen is over 21). Immediate relatives are not subject to numerical caps, meaning visas are readily available.
Other family members: U.S. citizens can also file petitions for their married children, children over 21, and siblings. These categories, however, are subject to annual quotas, which can result in substantial waiting periods.
Eligible Family Members for Green Card Holders
Green card holders can submit sponsorship petitions for:
Spouses and unmarried children: Permanent residents may sponsor their spouse and unmarried children of any age. These family members fall into preference categories subject to yearly caps, influencing the wait time for visa availability.
“I was a stranger, and you took me in… then the righteous answered him, saying Lord… when saw we thee a stranger and took thee in?
Verily I say unto you, inasmuch as you have done it to the least of these my brethren, ye have done it unto me.”
- Matthew 25:36-40
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The process begins with the U.S. citizen or green card holder filing a “Petition for Alien Relative” (Form I-130) to establish the familial relationship. Upon approval of the petition and once a visa becomes available, the family member can apply for an immigrant visa or adjust their status if they are already in the U.S. The entire process requires meticulous documentation and adherence to procedural timelines.
Filing Form I-130 For Family Members Residing Inside the U.S.
If the family member is already legally present in the United States, the process involves “adjustment of status.” In this case, the U.S. citizen or green card holder must file Form I-130, alongside the family member filing Form I-485, “Application to Register Permanent Residence or Adjust Status.”
These forms can be filed concurrently, allowing the applicant to stay in the U.S. while their application is processed. Adjustment of status provides certain protections and enables the family member to apply for work authorization and travel permits during the application’s processing time.
For foreign-born family members residing outside the U.S., the process is known as “consular processing.” The U.S. citizen or green card holder initiates the procedure by submitting Form I-130 to U.S. Citizenship and Immigration Services (USCIS).
Once approved, the petition is forwarded to the National Visa Center (NVC), which oversees visa processing. The family member then submits visa applications and attends an interview at a U.S. embassy or consulate in their home country. They can enter the U.S. as a lawful permanent resident upon visa approval.
Why Hire our Salem Family-Based Immigration Attorney?
Family-based immigration can be challenging due to its complex legal requirements and lengthy processing times. Our seasoned immigration attorney provides essential guidance, reducing the risk of errors that can delay or derail applications.
We offer strategic advice on eligibility, help you gather compelling evidence to support your petition, and oversee all submissions for adherence to legal standards. At Affordable Immigration, our experienced team is committed to facilitating your family reunification process with precision and care, offering peace of mind throughout the immigration journey.
Contact us online or at (971) 308-5892 for a free consultation.
