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FAMILY-BASED
VISA
- AFFADAVIT
OF SUPPORT
- SPOUSE
REMOVING CONDITIONS ON PERMANENT RESIDENCE
- BASED
ON MARRIAGE
- BATTERED
SPOUSE PETITION
- CHILDREN
- PARENTS
- SIBLING
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| The
Law Offices of Susana
R. Chung will
be pleased to process your Family based Visa Petition
on behalf of your family as sponsor. Our law office
will carefully analyze your case and make recommendations
on the most appropriate process for you or your
company to pursue. We then assist with preparing
documents and letters, continuing the case through
the
Adjustment of Status or consular
processing stage, until the principal applicant
and family members receive the
Green Card.
Call us (213) 386-8688. |
Overview
A lawful permanent resident is a foreign national
who has been granted the privilege of permanently
living and working in the United States. If you want
to become a lawful permanent resident based on the
fact that you have a relative who is a citizen of
the United States or a relative who is a Lawful
Permanent Resident, you must go
through a multi-step process.
First,
the USCIS must approve an immigrant visa petition
for you. This petition is filed by your relative (sponsor)
and must be accompanied by proof of your relationship
to the requesting relative.
Second,
the Department of State must determine if an immigrant
visa number is immediately available to you, the foreign
national, even if you are already in the United States.
When an immigrant visa number becomes immediately
available to you, it means that you can apply to have
one of the immigrant visa numbers assigned to you.
You can check the status of a visa number in the Department
of State's Visa
Bulletin.
Third,
if you are already in the United States, you may apply
to change your status to that of a lawful permanent
resident after a visa number becomes available for
you. This is one way you can apply to secure an immigrant
visa number. If you are outside
the United States when an immigrant visa number becomes
available for you, you must then go to the U.S. consulate
servicing the area in which you reside to complete
your processing. This is the other way in which you
can apply to secure an immigrant visa number.
Eligibility
To be eligible to sponsor a relative to immigrate
to the United States you must meet the following criteria:
- You must be a citizen or a lawful permanent resident
of the United States and be able to provide documentation
proving your status.
- You must prove that you can support your relative
at 125% above the mandated poverty line.
- If you are a US Citizen you
may petition for the following foreign national relatives
to immigrate to the United States; however you must
be able to provide proof of the relationships:
- Husband or wife;
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister, if you are at least 21 years
old; or
- Parent, if you are at least 21 years old.
If you are a lawful permanent resident you may petition
for the following foreign national relatives to immigrate
to the United States; however you must be able to
provide proof of the relationships:
- Husband or wife; or
- Unmarried son or daughter of any age.
To be eligible for lawful permanent residence based
on a family relationship you must meet the following
criteria:
- You must have a relative who is a United States
citizen or a lawful permanent resident of the United
States who can provide documentation proving their
status and is willing to sponsor you for lawful permanent
residency by filing the Petition for Alien Relative.
- Your relative must prove they can support you by
providing documentation that their income is 125%
above the mandated poverty line for their family,
including you and all other sponsored family members.
- If your relative is a US Citizen and they can legally
prove you share one of the following relationships,
you may be eligible for lawful permanent residency,
please see below for preference category information.
- Husband or wife;
- child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister if you are at least 21 years old;
or
- Parents if you are at least 21 years old.
If your relative is a lawful permanent resident and
they can legally prove you share one of the following
relationships, you may be eligible for lawful permanent
residence, please see below for preference category
information:
- Husband or wife; or
- Unmarried son or daughter of any age.
Immediate
Relatives: The spouse, parents and unmarried children
under age 21 of a U.S. citizen qualify for Permanent
Resident status immediately and are not counted in
the U.S. Immigrant Visa Quota System. The U.S. citizen
must petition the U.S. Citizenship & Immigration Services
(USCIS) for this Immediate Relative Classification,
then the foreign national relative can apply for Permanent
Resident status in the United States.
Preference
Categories
The relative you wish to immigrate must obtain an
immigrant visa number that is based on the preference
category in which they fall.
People who want to become immigrants are classified
into categories based on a preference system. The
immediate relatives of U.S. citizens, which includes
parents, spouses and unmarried children under the
age of 21, do not have to wait for an immigrant visa
number to become available once the visa petition
filed for them is approved by the USCIS. An immigrant
visa number will be immediately available for immediate
relatives of U.S. citizens. The relatives in the remaining
categories must wait for an immigrant visa number
to become available according to the following preferences:
First
Preference: Unmarried, adult sons and daughters
of U.S. citizens. Adult means 21 years of age or older.
Second
Preference: Spouses of lawful permanent residents,
their unmarried children (under twenty-one), and the
unmarried sons and daughters of lawful permanent residents.
Third
Preference: Married sons and daughters of U.S.
citizens.
Fourth
Preference: Brothers and sisters of adult U.S.
citizens.
Once USCIS receives your visa petition, it will be
approved or denied. USCIS will notify the person who
filed the visa petition if the visa petition is approved.
USCIS will then send the approved visa petition to
the Department of State's National Visa Center, where
it will remain until an immigrant visa number is available.
The Center will notify you, the foreign national,
when the visa petition is received and again when
an immigrant visa number is available. You do not
need to contact the National Visa Center, unless you
change your address or there is a change in your personal
situation, or that of your alien relative, that may
affect eligibility for an immigrant visa, such as
reaching age 21, marriage, divorce, or death of a
spouse.
How Do I File a Petition for my Family Member?
The Law Offices of Susana
R. Chung will
be pleased to process your Family based Visa Petition
on behalf of your family as sponsor. Our law office
will carefully analyze your case and make recommendations
on the most appropriate process for you or your company
to pursue. We then assist with preparing documents
and letters, continuing the case through the
Adjustment of Status
or consular processing stage, until the
principal applicant and family members receive the
Green
Card.
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