We are very experienced and knowledgeable in providing legal representation for family immigration under U.S. law. Family immigration under U.S. law involves various processes for family members of U.S. citizens or lawful permanent residents to obtain visas or green cards to live and work in the U.S. Here's an overview of the key pathways and processes:
1. Immediate Relatives of U.S. Citizens
- Eligibility: Spouses, unmarried children under 21, and parents of U.S. citizens (who are at least 21 years old).
- Process: No annual cap on visas. After filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status), if in the U.S., or applying for an immigrant visa if outside the U.S.
2. Family Preference Categories
- F1: Unmarried sons and daughters of U.S. citizens (21 years or older).
- F2A: Spouses and children (under 21) of lawful permanent residents.
- F2B: Unmarried sons and daughters (21 years or older) of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of U.S. citizens (who are at least 21 years old).
- Process: These categories have annual caps, leading to potentially long waiting times. The process involves filing Form I-130 and waiting for a visa number to become available before applying for a green card.
3. Adjustment of Status vs. Consular Processing
- Adjustment of Status: For those already in the U.S. on a valid visa, they can apply to adjust their status to a green card holder without leaving the country.
- Consular Processing: For those outside the U.S., they will need to go through an interview process at a U.S. consulate or embassy in their home country.
4. Special Considerations
- K Visas: For fiancés (K-1 visa) and spouses of U.S. citizens who are outside the U.S. (K-3 visa). These allow for entry into the U.S. while the immigrant visa petition is processed.
- V Visas: For spouses and children of lawful permanent residents who are waiting for their immigrant visas to become available.
The U.S. Citizenship and Immigration Services (USCIS) website is a valuable resource for the latest forms, instructions, and updates on immigration policies. https://www.uscis.gov/