Are You Eligible for Family-Based Immigration?
Are you a citizen of the US by law, and do not know about it? It does sound strange, but yes, it does happen to be true in more cases than you can possibly imagine. It is as simple as being related to a United States citizen, to qualify for a green card. However, for such cases, it is best to seek advice from immigration lawyers, if you wish to obtain the necessary documentation to immigrate to the United States.
The advice from an immigration lawyer could be very helpful and useful, since application for a green card can be a complicated and confusing process. Immigration lawyers are adept at the process, and they can make the whole procedure easy and painless to endure. There are several ways you could be eligible for family-based immigration.
Family-based immigration is possible under K-1 & K-2 visas, for foreign citizens, who are engaged, to be married to US citizens. As an example, if you are a foreigner and have met someone from the US and, have become engaged to that person, then you are eligible for a fiancé visa which can eventually be converted to lawful permanent residence status in the United States.
Also, if you are a US citizen and are engaged or married to a citizen from another country, you can obtain a permanent resident visa, such as a K-3 or a K-4 for your spouse and their children that are under 21 years of age.
If you are a US citizen that is 21 years of age or older, you can obtain a green card for your parents and bring them to live in the United States permanently with you.
It is also possible for a US citizen to bring his/her brothers and sisters and their immediate families to live permanently with you in the United States. However, in all these types of cases, the consultation and advice of an immigration lawyer is of vital importance.
Sometimes situations arise where a family member that already filed a petition for their relative and then he dies before that relative gets his/her permanent residency or green card to the United States. The US Citizenship and Immigration Service or a US Consulate may try to deny the petition, however, that would could be a mistake on their part because there are ways to still get a green card or permanent residency even with the death of the petitioning relative. Thus, the advice of an immigration lawyer is invaluable in this type of situation and many other situations that may arise in the course of someone trying to immigrate to the United States.
Also, oftentimes, there can be serious delays in the processing of one’s green card or permanent residency application. A child can end up aging out and no longer qualifying for the visa if they turn 21 or older and again the US Citizenship and Immigration Service and a US Consulate may try to deny the case, however, the Child Status Protection Act can prevent this delay and get your child a green card as early as possible. The Act is complicated and it is good to go through an attorney to help you navigate its complexity and nuances so that you can come to a more favorable outcome.
The US Immigration and Nationality Act, under the United States immigration laws, recognizes family based immigrant visa categories in two groups. These are the family preference and the immediate relatives categories.
The immediate relative category is defined as the close family relationship with a United States citizen. In this category, the number of immigrants is not limited for a fiscal year. The close family relative visa types include: the spouse of a US citizen; unmarried children below 21 years of age of a US citizen; An orphan adopted overseas by a US citizen; An orphan in the process of adoption in the US by a US citizen; Parent of a US citizen who has turned 21 years or older.
Immigrant visas under family preference are limited in a fiscal year and are for more distant and specific family relationships with a US citizen. Some specified relationships to a permanent lawful resident of the US are also allowed. However, there is a numerical limitation on the number of such visas issued in a fiscal year. An immigration lawyer will help you to determine whether you or your relatives qualify for one of these categories and can assist you in procuring this type of visa in as little amount of time as possible.
Article by Erena from immigration For More Information about immigration please visit on http://www.immigrationtutors.com
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