Family Green Cards

FAMILY IMMIGRATION & CITIZENSHIP

Family-Based Immigrant Visas: Living and Working Permanently in the United States

Family-Based Immigrant Visas allow U.S. citizens and lawful permanent residents (Green Card holders) to sponsor their relatives for immigration to the United States, providing a pathway to live and work permanently in the country. At Versfeld & Hugo LLC, we specialize in navigating the complexities of family-based immigration, offering expert guidance and support to help you reunite with your loved ones. Contact us today to explore your options and begin your journey toward bringing your family together in the U.S.

Overview of Family-Based Immigration

The U.S. Citizenship and Immigration Services (USCIS) issues Immigrant Visas (commonly referred to as Green Cards) based on a quota system, with specific preference categories for family-based immigration. Immediate relatives of U.S. citizens do not fall under the quota system and therefore have no wait time based on visa availability, whereas other family members are subject to annual caps and priority dates.


Family Preference Categories

Family-Based Immigrant Visas are divided into preference categories, each with specific eligibility criteria:

  1. First Preference (F1): Unmarried adult sons and daughters (21 and older) of U.S. citizens.

  2. Second Preference (F2A and F2B): Spouses and children (under 21) of lawful permanent residents (F2A), and unmarried adult sons and daughters of lawful permanent residents (F2B).

  3. Third Preference (F3): Married children of U.S. citizens.

  4. Fourth Preference (F4): Brothers and sisters of U.S. citizens, provided the U.S. citizen is at least 21 years old.


Immediate Relatives of U.S. Citizens

Under the Immigration and Nationality Act (INA) 201(b), the immediate relatives of U.S. citizens—spouses, unmarried children under 21, and parents (if the citizen is at least 21 years old)—do not fall under the preference category system and are not subject to visa quotas. Immediate relatives can adjust their status even if they have fallen out of status, provided they entered the U.S. legally.


A U.S. citizen can file a petition for:

  • A spouse or child under 21 years of age.

  • An unmarried child over 21 years of age.

  • A married child of any age.

  • Siblings, if the U.S. citizen is at least 21 years old.

  • Parents, if the U.S. citizen is at least 21 years old.

  • A fiancé (K-1 visa).


Petitioning as a Lawful Permanent Resident

Lawful permanent residents can sponsor the following relatives:

  • Spouse: A lawful permanent resident can petition for their husband or wife.

  • Unmarried Children: Both minor and adult unmarried children of lawful permanent residents are eligible.

Lawful permanent residents cannot petition for fiancés or married children.


Application Process for Family-Based Immigration

The application process for family-based immigration begins with submitting a petition to the USCIS. The petitioning relative must file Form I-130, Petition for Alien Relative, to establish the relationship. The waiting period for processing varies depending on the type of relationship and the country of origin, ranging from several months to several years. Key steps in the process include:

  1. Submitting Form I-130: This form establishes the qualifying relationship between the U.S. citizen or lawful permanent resident and the family member.

  2. Approval and Visa Availability: After approval, the case is forwarded to the National Visa Center (NVC) where it waits for a visa number to become available based on the preference category and country of origin.

  3. Consular Processing or Adjustment of Status:

  • Consular Processing: For family members outside the U.S., once a visa becomes available, they can apply for the immigrant visa at a U.S. embassy or consulate in their home country.

  • Adjustment of Status: For family members already in the U.S. legally, they may apply to adjust their status to that of a permanent resident using Form I-485, Application to Register Permanent Residence or Adjust Status.


How Versfeld & Hugo LLC Can Assist with Your Family-Based Visa Application

Navigating the family-based immigration process can be complex and time-consuming. At Versfeld & Hugo LLC, we provide:

  • Thorough Eligibility Assessment: We will quickly determine your eligibility to sponsor a family member based on your status as a U.S. citizen or lawful permanent resident.

  • Complete Application Support: Our experienced attorneys will assist with gathering necessary documentation, completing forms accurately, and submitting a thorough and compelling petition.

  • Expert Guidance Through the Process: We provide personalized advice and representation, ensuring that your application meets all legal requirements and addressing any issues that may arise during the process.

  • Efficient Communication with Government Agencies: We work closely with USCIS, NVC, and other relevant agencies to streamline the process and ensure the best possible outcome in a timely manner.


Contact Versfeld & Hugo LLC for Family-Based Immigration Assistance

If you are looking to sponsor a family member for immigration to the United States, contact Versfeld & Hugo LLC today. Our dedicated immigration attorneys are committed to providing comprehensive legal support to help you reunite with your loved ones. Schedule a confidential consultation with us to discuss your options and begin your journey toward bringing your family together in the U.S. Let us help you navigate the family-based immigration process with confidence and success.