Family Based Status

One of the most frequently asked questions in immigration to date is whether an individual can bring a family member to the United States. Well, the answer is YES (depending on specific circumstances) and we are here to help! Take a look at the summary of information bellow and CALL US TODAY at 818-222-3400 or 1-866-465-8792 for options on how to accomplish your particular needs. You may also click here to reach us via our 24/7 contact form or email us at anytime at info@WalchLaw.com . Our immigration lawyer handles family based status immigration problems and other immigration matters in Los Angeles, the San Fernando Valley, Ventura, Orange, Riverside, San Bernardino and throughout all of California.

In order to help a family member embark on the U.S. immigration process you must fit in one of the three (3) categories listed below. An individual’s status in the United States determines what process to follow and which of their relatives may be eligible to migrate to the United States.

1. United States Citizens
2. Permanent Residents
3. Refugees admitted as a refugee within the past two (2) years or an asylee granted within the past two (2) years

1. United States Citizens

   I am a United States Citizen, who can I petition for?

   A United States Citizen may petition for a:

   1. Immediate Relatives
   2. Other Relatives
   1. Immediate Relatives

      Immediate relatives are considered the following relatives:

      • Spouses of U.S. Citizens
      • Children of U.S. Citizens (who are not married and under the age of 21)
      • Parents of U.S Citizens (U.S. Citizen must be 21 or older)
        • Visas are always available to immediate relatives of United States Citizens and are not subject to the preference categories/ annual numerical limits.
   2. Other Relatives

      These are individuals who are not listed in the immediate relative category above and considered “other relatives”.

      • Preference categories apply to family members who are not immediate relatives. Visas are allotted subject to a preference system and numerical annual limits.
2. Permanent Residents

   A permanent resident may petition for the following family members:

   1. Spouse of the permanent resident
   2. Unmarried children (age limit)
   3. Unmarried son or daughter of any age
Family Preference System

The family preference system allows the following persons to seek status in the United States: Relatives immigrating through a permanent Resident, as well as some categories of those immigrating through a United States Citizen, and are subject to numerical restrictions.

The following are the preference categories in the order in which they apply:

• First preference: Unmarried adult sons and daughters of U.S. citizens.
• Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents
• Third Preference: Married sons and daughters (any age) of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed).

United States Immigration is controlled by numerical limitations, which are called quotas. These quotas are applied to the family-based category and also to the overall number of permanent resident visas distributed in each country, per year. Keep in mind that there are a limited number of visas available every year under the family preference system. So, our advice is to get started today!

Preference System and Annual Numeric Limits

The following are the number of visas available in each of the four family-based preference categories:

• 1st Preference - Approx. 23,400 visas/year, plus any visas left over from the 4th preference
• 2A Preference – Approx. 87,900 visas/year, plus any visas left over from the 1st preference
• 2B Preference- Approx. 26,300 visas/year, plus any visas left over from the 1st preference
• 3rd Preference – Approx. 23,400 visas/year, plus any visas left over from the 1st and 2nd preferences
• 4th Preference –Approx. 65,000 visas/year, plus any visas left over from the previous preferences.
3. Family of Refugees and Asylees

   This category applies to those who have entered the United States within the last two (2) years as a refugee or were granted status as an asylee in the past two (2) years.

   For eligibility and further information click here

Links to most commonly used family based forms:

• I-130, petition for Alien Relative
• I-485- Application to Register permanent Residence or Adjust status
• I-864 Affidavit of Support
• I-129F, Petition for Alien Fiancé

We offer an absolutely FREE & CONFIDENTIAL case consultation!!!

There are many easy ways to contact us:

• Please call us:
  • Local: 818-222-3400 (after hours please dial 1) or
  • Toll Free: 866-465-8792 after hours please dial 1)
• Send us an email at info@WalchLaw.com.

There is NO charge for our initial consultation – it is absolutely FREE!

We look forward to speaking with you and helping you resolve your family based immigration and other immigration questions and legal problems.