Family-Based Immigration

Family of Green Card Holders

Those with a green card are able to petition on the behalf of eligible family members who wish ti immigrate to the United States. Family members and relatives that qualify for eligibility include:

• Spouses
• Unmarried children under the age of 21
• Unmarried children of any age

In order for the application process to move forward, a permanent resident must complete the required paperwork and provide proof of familial relationship as well as status to the appropriate agencies. This process can be completed whether the applicant currently resides in the country on a nonimmigrant visa, or if they are located outside the U.S.

Family Members of U.S. Citizens

U.S. citizens can also file petitions for family members that are seeking U.S. citizenship. In contrast to relatives of green card holders, direct family members of U.S. citizens do not have to go through the waiting period as visa availability is more accessible. Eligible relatives include:

• Spouses
• Parents
• Unmarried children under the age of 21

Family members who do not fall under any of these categories must go through the preference categories process when a citizen or green card holder applies for family-based immigration on their behalf. The U.S. Citizenship and Immigration Services department has an annual limit on the amount of visas that are allotted, which means that many applicants must wait until visa availability opens up. The preference categories have been established as follows:

First Preference: Unmarried, children over age 21 of U.S. citizens
Second Preference (2A): Spouses and unmarried children under 21 of green card holders
Second Preference (2B): Unmarried children of green card holders
Third Preference: Married children of U.S. citizens

To ensure that your family-based immigration process moves along smoothly, be sure to recruit the help of an experienced immigration attorney, someone who can help ensure that everything is being filed correctly and help move the process along. Contact the Law Offices of Ira J. Nasserian at 310.337.7900 to speak with a skilled immigration attorney.