Family Visas

Family Visas

In order to live and work permanently in the United States, a foreign person must first become a lawful permanent resident. This is a rigorous procedure that requires approval to come to the United States from the United States Citizenship and Immigration Services (USCIS). If the application is approved, the foreigner will be granted immigrant status. Permanent residents are then issued a resident alien card, sometimes known as a "green card" or Form I-551, which indicates their status to remain permanently in the United States and work freely.


To receive a green card, your qualifying relative must file an I-130 Petition for Alien Relative on your behalf. The petitioner must attach biographical documentation proving his or her relationship to the immigrant with the petition. Before moving on to the next level, USCIS must approve the I-130 petition.


Second, you must be able to instantly access a visa number through the Department of State to change your status to permanent residency, even if you are currently in the United States. If you obtain an immigrant visa number, it implies that an immigrant visa is available to you and has been assigned. You can check the status of a visa number by looking up your priority date in the monthly Visa Bulletin published by the Department of State. The Immigration and Nationality Act (INA) places a limit on the number of immigrant visas that can be granted to foreign nationals seeking to come to the United States. The number of visas available for family-sponsored preference categories is limited to a minimum of 226,000 each year. Employment-based priority categories are limited to a total of 140,000 visas issued each year. The Visa Bulletin exists for this very purpose. The Visa Bulletin is a useful tool for foreign nationals to determine when a visa to apply for permanent residence will become available. On a monthly basis, the Departments of State and Homeland Security jointly publish the Visa Bulletin, which estimates the number of immigrant visas available to prospective immigrants.


Third, if you are currently in the United States, you may apply to have your status changed to permanent resident once you have a visa number available. (If you are outside the United States when an immigrant visa number becomes available to you, you must go to the nearest U.S. consulate to complete your application.) Visa application with the Department of State.


There are two types of family-based immigration visas: preference systems and priority dates. This is one of the numerous categories under which a person qualifies for residency in the U.S. But they must wait for a visa to become available.


  • First preference: Unmarried sons and daughters of U.S. residents. Adult children of U.S. citizens or those who have turned 21 before the immigrant visa is issued are included in this group.
  • Second preference: a) spouses and children of U.S. permanent residents under the age of 21; b) unmarried sons and daughters of U.S. permanent residents over the age of 21;
  • Third preference: married sons and daughters of U.S. citizens;
  • Fourth preference: brothers and sisters of adult U.S. citizens.


There is also a special preference for close relatives of U.S. citizens (spouses, mothers and fathers, etc.). Immediate relatives of U.S. citizens would be eligible to obtain an immigrant visa number immediately.


What exactly is a priority date?


A priority date is usually the day your relative filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative).


Certain documentation, such as proof of citizenship or permanent residency, copies of the marriage certificate or birth certificate if the petition is for a child or parent, must be submitted with the petition to prove the petitioner's legal status and that the claimed relationship exists between the petitioner and his or her relative.


Immigration Attorneys at Alejandro Roque, ESQ. Law Firm


Contact your experienced immigration attorneys at Alejandro Roque, ESQ now for additional information on the topics discussed in this article, or for comprehensive legal assistance and strong representation.


Our Florida immigration attorneys have extensive experience in all types of immigration issues and we recognize that every scenario is unique. Immigration law is continually evolving and dealing with immigration issues alone can be tedious. We offer services such as Detainee Representation, Citizenship, Deportation Defense, Cuban Adjustment Act, Investor Visas, U Visa, VAWA Visa, Asylum in the United States, Consular Processing, Criminal Waiver, Court Representation, Fraud Waiver, Unlawful Presence Waiver, Resident Waiver, Bail, TPS, Order of Supervision, Permanent Residency, Family Visas, Marriage-Based Residency, and Criminal Defense!


For a free immigration consultation, over the phone, visit our office of Alejandro Roque, ESQ, or contact Alejandro Roque, ESQ online now.

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