June 21, 2022 | Uncategorized

Family Visas Options: Immediate Relative & Family Preference

Family Visas Options: Immediate Relative & Family Preference

The Hall Law Office of Hollywood, Florida, focuses on immigration law. Our attorneys fight for our client’s right to be in the United States. Included in this is knowledge of family-based preferences and immediate relative petitions. Here’s a breakdown of what the firm’s immigration lawyer can do.

The Basics

The current U.S. immigration laws allow both naturalized citizens and green card holders several privileges. Among them is the right to petition the government to allow their foreign relatives to legally live in the United States permanently. This breaks down into a pair of family-based options.

One of these is in the form of immediate relative petitions. The other is family preference petitions. Requests for both categories are handled by our law firm.

An Immediate Relative Petition

The immediate relative petition allows U.S. citizens to apply for permanent resident visas on behalf of their immediate relatives. These are defined as a spouse, unmarried child under 21 years of age, or a parent if older than 21 years old.

In simpler terms, an immediate relative petition means there are unlimited green cards available. Thus, these individuals don’t need to wait for new visa numbers to become available.

A Family Preference Petition

The family preference petition allows not only US citizens but also green cardholders to apply for permanent residence on behalf of their preferred family member. However, as the best immigration lawyer in South Florida knows, there are limitations.

  • U.S. citizens can only sponsor unmarried sons and daughters over 21-years-old, married children of any age, and brothers & sisters if the petitioner is over 21.
  • Permanent Residents or Green card holders can only sponsor their spouse and/or their unmarried children of any age.

As a South Florida visa attorney, we can tell you an approved family preference petition doesn’t always result in automatic green card issuance.

Additional Beneficiaries 

In either petition category, additional beneficiaries may be included. In other words, a primary beneficiary may have other secondary beneficiaries included called derivatives.

Under the family preference petition, the primary’s spouse and minor children may also be eligible for a green card.

How to Apply for a Petition

It’s recommended that U.S. citizens or permanent resident sponsors work with an immigration lawyer to apply for a family preference or immediate relative petition. Since they have extensive knowledge in this field, it can result in better approvals rates than if individuals filled the forms out on their own.

To file a relative petition, you will need to provide as much viable information to help classify the relative as a qualifying relative. These include name, age, current residence, the reason for the petition, and criminal history. By providing such information your attorney can determine the best move forward to help your family relative.

Patience is needed no matter the type of petition. Although an immediate relative petition is quicker, sponsors need to allow adequate processing time.

In the end, should you decide to use an immigration lawyer based in South Florida, choose one with the most experience! They’ll be able to help with the process so sponsors can see their relatives sooner than later.

Contact one of our experienced lawyers for a FREE 15-minute Consultation today at (786) 878-3626.