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Family based Visa
At Tez Law Firm we have over a decade of experience assisting our clients in obtaining naturalization and green card status. In most cases to be eligible to apply for naturalization, persons must have a green card for at least three years or five years depending on which naturalization category you are applying under; must be at least 18 years of age at the time you file the application and meet all other eligibility requirements.
Your individual status will in most cases determine which relatives or future relatives may be eligible to receive benefits. A foreign citizen seeking to live permanently in the U.S. must have a sponsor who is already a U.S. citizen or permanent resident and is 21 years or older. Some conditions may be met by adoption, some may be met by fiance(e) visas or citizenship.
There are two types of family-based immigrant visas. There is the immediate relative visa and the family preference visa. A U.S. Citizen can file an immigrant visa petition for their spouse, son or daughter, parent, brother or sister while a lawful permanent resident may only file for their spouse or unmarried son/daughter.
A U.S. citizen who wishes to file a petition for a family member to receive a green card, must begin by filling out the form I-130. If the relative happens to already be in the United States they may apply to adjust their status and become a green card holder, utilizing form I-485.
Requirements for permanent residence in the U.S. are:
*It is important to note that inadmissibility is defined broadly. It can be due to health reasons, criminal reasons, or even national security reasons. With the COVID-19 vaccination’s proliferation and availability, it has become necessary to be vaccinated.*
The USCIS is the entity that oversees your application process and either approves or denies your request. The National Visa Center will assist you and your family-based immigration attorney in preparing your visa application for review. The U.S. Embassy and Consulate will then interview you for your U.S. visa. Finally, your immigration attorney will stand by your side whilst you go through the application process.
It is important to know that sometimes the demand for family preference visas exceeds the amount available to be dispersed. When this occurs a backlog forms, which is very common. In a situation such as this, a person’s place in the backlog is determined by a priority date. The priority date is the date that the I-130 petition was correctly filed and approved. Overall, the backlog for family-based visas has grown year by year from about 3.3 million in 1992 to approximately 7 million in 2022. About 4 million of these backlog petitioners have their petition approved, however, they cannot get their green card due to the predetermined limits.
Some people assume that the I-130 approval is the only item necessary for receiving a visa, however, the priority date must also be current. If both the petition and the priority date are approved by the USCIS it is then okay to apply for a green card.
The U.S. Department of State usually publishes a monthly visa bulletin. Family members can check this bulletin for their place in the line. Some types of family-based or family-preference visas may take a few months, and some may take several years.
As of December 2022, the family-sponsored preferences bulletin looks something like this.
*Keep in mind that these numbers are subject to change month to month and quarter by quarter.*
On average about 19,000 family-based visas are rejected every year, and a further 15,000 plus are denied outright. This is a very clear indication that it is necessary to have a family-based immigration attorney on your side. To provide efficacy and efficiency. Sometimes there are legal missteps that occur. Without the right lawyer with you at every step, these missteps are unfortunately common. A small misstep may lead to the National Visa Center not moving on with someone’s petition, or in some cases outright denying the petition.
Over 250,000 I-130 petitions are filed per year. Lately, due to the impact, COVID has had on the world, the number that gets approved has steadily declined. Going through the process alone may be frustrating and difficult. At Tez Law Firm, we can offer you a free consultation to get things started the correct way and the most effective way. Our immigration lawyers are conveniently located in Los Angeles California, and provide document review via email for convenience and speed. We are California’s best immigration service, and a one-stop immigration shop for all of your family-based visa questions and concerns. With years of experience in these matters, we are there when you need us. We at Tez Law Firm were founded by immigrants and work for immigrants to achieve success and the American Dream. We help others succeed the same way that we did. By following the right steps, and knowing all of the intricacies of immigration law.
*The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create (receipt or viewing does) an attorney-client relationship*