Family Immigration & Immigration Law

Permanent immigration in the U.S. comes with a assortment of rights and privileges.

One manner to obtaining lawful, permanent residency is through a relative who is either a citizen of the U.S. or a lawful permanent resident. As with any procedure for achieving permanent immigration to the United States, it is highly recommended you discuss your situation with a qualified and experienced attorney, such as Gabriel Jose Carrera, who can help you understand your rights, obligations, and your options.

Procedure:

There are two classes for unlimited family-based immigration:

1. Immediate Relatives of US Citizens: A spouse, widow or unmarried child under the age or 21 of a US citizen. This grouping also includes parents of adult US citizens
2. Returning Residents: Immigrants who previously lived in the US under lawful permanent resident status. These individuals should be returning to live in the US after being abroad for more than one year.

There are four preference categories for limited family immigration:

1. First Preference: Unmarried children over the age of 21 of US citizens.
2. Second Preference: 2A—Spouses of lawful permanent residents, their unmarried children under the age of 21, and 2B—Unmarried sons and daughters of permanent residents who are 21 and older.
3. Third Preference: Married children of US citizens.
4. Fourth Preference: Siblings of adult US citizens.

For an application through either the Immediate Relative category or one of the Preference Categories, your relative should first submit an immigrant visa petition, I-130 Petition for Alien Relative. This form should be accompanied by proof of your relationship to your relative.

Upon approval of this petition, the Department of State will determine if an immigrant visa number is available for you. Immigrant visas are always available for persons in the IR category. When a number becomes available, you may apply for an immigrant visa if you are abroad.

If you are in the US, you may be able to file an Application to Register Permanent Resident or Adjust Status (Form I-485).

Documents You Will Need to Provide:

In order to sponsor a relative for lawful permanent residency, you must establish the following: 

• You are a citizen or a lawful permanent resident of the United States
• You can support your relative at 125% above the mandated poverty line.
• You must also demonstrate proof of your relationship with your relative.

If you feel that you are ready to file or have questions regarding certain circumstances that could harm your application and want a consultation with Attorney Gabriel Jose Carrera, then please call us at 954-618-0122