Foreign citizens who wish to live in the U.S. need an immigration visa. This legally permits the individual to live in the country and work towards becoming a lawful permanent resident (known as a “green card” holder) or a naturalized U.S. citizen.
U.S. immigration laws are complex and can be confusing for potential residents. One mistake or inadvertent omission on your immigrant visa (IV) could cause a delay in its approval or even cause it to be denied. Don’t risk the eligibility of a family member to join you in the U.S. on an immigrant visa by trying to navigate the application process on your own. Contact an experienced Las Vegas immigration lawyer from De Castroverde Criminal & Immigration today to learn how we can help you.
Family-based immigration is when someone from another country seeks permanent residence in the U.S. and is sponsored by a family member already lawfully living here. That sponsor-relative may be a U.S. citizen or a lawful permanent resident – people here on other types of visas cannot sponsor a relative to come to the U.S.
This law is intended to help families remain intact, live together in the U.S., and strengthen their communities. Preserving familial relationships may help immigrants contribute to socio-economic growth and positively impact their communities.
Lawful residents who wish to sponsor a family member’s immigration visa must meet the following criteria:
The U.S. offers two types of family-based immigration visas. Some visas have a limited number available, so if you wish to sponsor a loved one’s IV, you need to work fast.
“family preference” refers to the order in which family members may be approved for an IV. U.S. immigration law describes the type of familial relationships and order of preference for visa approvals:
Once the family member arrives in the U.S. under a valid family immigration visa, they can be eligible to apply for a green card or an adjustment of status. You can do so by filling out and filing Form I-485, Application to Register Permanent Residence or Adjust Status. These forms can be complicated. A lawyer can guide you through completing and filing the forms to ensure that your application is correct, complete, and properly submitted so you won’t have delays due to mistakes.
The Petition for Alien Relative, Form I-130, is important in helping your family member obtain their green card. Submitting this form is necessary to establish the relationship between the U.S. citizen or lawful permanent resident sponsoring the family member seeking an immigration visa.
Although this is an important first step in the family immigration visa process, approval of the petition by USCIS does not give the applicant any immigration benefit or status. If your relative isn’t living in the U.S., this form is vital to securing their IV.
Depending on your degree of relation to the person applying for the visa, they may need to wait until a visa number becomes available (for yearly allocated visas). However, if the person in question is an immediate relative, a visa should be available soon after the form is approved.
Registering permanent residence or applying for an adjustment of status is the next step in getting your green card. You can file Form I-485 with the USCIS. It’s the form you fill out to apply for Lawful Permanent residence status.
Form I-360, the Petition for Amerasian, Widow or Widower, or Special Immigrant, can help people apply for a visa in certain situations. The Widow(er) classification is available for someone whose U.S. citizen or lawful resident spouse died before they could file the family immigration visa sponsorship.
Other groups of people who may be eligible to file for an immigration visa using Form I-360 include:
Several categories of people may be eligible to apply for a visa using this form. An immigration lawyer can help you learn whether you qualify for this type of visa.
Do you need help filing the right immigration visa forms to sponsor a relative coming to the U.S.? Do you need help obtaining a visa for a family member living in another country? Immigration matters can be complex and tricky. Trust the legal team of De Castroverde Criminal & Immigration to help you understand the options available for you and your family. Contact our offices today for a consultation about getting your loved one an immigration visa.
We are here to help you with your immigration legal issue, no matter how big or small. Our team of Spanish speaking immigration attorneys will guide you through the following:
Facing deportation can be overwhelming and confusing. We can help you and your family through every step of the process, from representing you at your deportation hearing to appealing removal orders to the Board of Immigration Appeals.
We have vast experience helping people file for adjustment of status. Whether it be that you are applying as an asylee to get a green card or whether you are transitioning from a visa to a green card, we can help you through your legalization process.
We assist sponsors and their family members with a range of family-based immigration issues, including I-130 immigrant petitions, marriage-based visas, fiancé visas, parent-child petitions, and sibling petitions.
We are here to help you with your immigration legal issue, no matter how big or small. Whether you need assistance with a visa petition, or whether you need to bring your immigration case to federal court, our legal team can guide you through the system and find a resolution.
One common type of immigration is family-based immigration. This occurs when one family member already lives in the United States lawfully, and another family member uses his or her relationship as a basis for immigrating to the U.S. There are two different types of immigration that are considered family-based:
The United States allows people with certain valuable skills to immigrate either temporarily or permanently to the United States. Permanent employment-based immigration allows 140,000 people per year to come the United States. That number is broken up into various subcategories. As for temporary workers, there are more than twenty different types of visas depending on what sort of work a person will be doing here and what the duration of that work is.
Refugees and asylees make up a portion of those who immigrate to the United States. These people are typically fleeing persecution in their home countries or are unable to return to their homeland due to some sort of extraordinary or life-threatening condition. Each of these programs has strict requirements depending on an individual’s situation.
In order for a person to become a United States citizen, he or she must have had his or her green card for at least five years. Under certain limited circumstances, this can be decreased to three years for certain applicants. A naturalization applicant must also be at least 18 years old, be able to demonstrate continuous residency, prove his or her good moral character, pass citizenship exams, and pay application fees in addition to other possible requirements. There are special rules that apply to members of the U.S. military who are seeking citizenship.