Reuniting Families is the Bedrock of Our Existence

FAMILY BASED IMMIGRATION

 

The government offers an unlimited number of visas to immediate family and over 480,000 visas
to family preference cases. Our goal is to ensure our clients have the best chance of securing one
or more for their loved one(s). Goldberg & Associates immigration law firm deals with both
immediate relative and family preference cases.

An immediate relative is either a spouse or an unmarried child who is under 21 years of age of
the petitioner or US citizen. Immediate family visa types include:

  • R-1: Spouse of a U.S. Citizen
  • IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
  • IR-3: Orphan adopted abroad by a U.S. Citizen
  • IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
  • IR-5: Parent of a U.S. Citizen who is at least 21 years old

If a person doesn’t fit the criteria above, then they must fall under the following preferences.

  1. 1st preference: unmarried sons or daughters of US citizen and their children if any
  2. 2nd preference: spouses or children of a legal permanent resident or unmarried sons and
    daughters of LPR
  3. 3RD preference: married sons and daughters of US citizens and their spouses and children
  4. 4th preference: brothers and sisters of an over 21 year old US citizen

As a person residing in the United States, your status is very important when it comes to
determining which of your family member qualifies to receive immigration benefits. The
following people can help a family member migrate:

  • A citizen of the United States
  • A lawful permanent resident (green card holder)
  • A refugee or asylee granted refuge or asylum respectively within the past 2 years.

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for
immigration

Process of acquiring an immigrant visa

The first step is for the sponsoring relative to file a petition for the Alien relative by filling form
1-130 with the USCIS, Department of Homeland Security, and U.S citizenship and wait for
approval. After the USCIS approves the petition, it is sent to the National Visa Center (NVC).
The NVC will then assign the petition a case number. The NVC will begin pre-processing the
applicant’s case by providing the applicant and petitioner with instructions to submit the
appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant
submit the necessary immigrant visa documents, including the Affidavit of Support, application
forms, civil documents, and more.

After NVC determines that the petition file is complete with all the documents listed above, an
appointment for an interview is made and the documents are sent to the consulate or US embassy
where the interview is to be held. The consular officer will interview the applicant and determine
if they are eligible for an immigrant visa.

The processing time largely depends on the nature of the relationship between the citizen and the
alien and also the relative’s country of origin. Also, considerations on whether the petitioner is
an LPR or a citizen play a role in the process. Our law firm helps you fill the form 1-130 and
follow up to ensure the process runs smoothly. We also deal with cases of adoption, fiancé visa,
and consular processing.

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