Applications for green cards based on family ties present particularly complicated challenges for those unfamiliar with the ins and outs of the United States immigration system. Knowing the steps and prerequisites is essential for any U.S. citizen or lawful permanent resident wishing to reconcile with family members. If you need help completing your immigration application in a fast, correct, and comprehensive manner, The Portland immigration attorney is available to assist you with legal advice.
Understanding Family-Based Green Cards
A family-based green card allows U.S. citizens and lawful permanent residents to sponsor certain family members for permanent residency in the United States. This pathway not only helps unite families but also offers a way to build a stable and secure future in the U.S.
Categories of family-based green cards
Immediate relative and family preference categories are the two main categories for family-based green cards.
- Immediate Relative Immigrant Visas: U.S. citizens can apply for these visas if they have immediate relatives.
- Spouses
- Unmarried children under 21
- If the petitioner is 21 or older, they should consult their parents.
- Family Preference Immigrant Visas: Visas for certain types of extended family relationships with U.S. citizens and lawful permanent residents are available for certain types of relationships.
They include:
- F1: Unmarried sons and daughters of US citizens
- Legal permanent resident spouses and minor children (F2A)
- F2B: Legal permanent residents’ unmarried children (aged 21 and up)
- F3: Married American citizens’ sons and daughters
- F4: Siblings of U.S. citizens (if the petitioner is 21 or older)
The application process
Applying for a family-based green card involves several steps, each requiring careful attention to detail and compliance with specific requirements.
Step 1: Filing the Petition
The process begins with the U.S. citizen or lawful permanent resident filing a petition on behalf of the family member. Form I-130, Petition for Alien Relative, serves this purpose. The purpose of this form is to establish a qualifying relationship between the petitioner and the beneficiary.
Step 2: Approval of the Petition
Upon filing, the United States Citizenship and Immigration Services (USCIS) reviews the I-130 petition. If approved, the National Visa Center (NVC) receives the petition and awaits the availability of a visa number (for family preference categories).
Step 3: Applying for the Green Card
After the petition is approved and a visa number is available, the next step is for the beneficiary to apply for a green card. There are two methods for completing this task:
- If the beneficiary is already in the United States, they can apply for an adjustment of status using Form I-485, Application to Register Permanent Residence, or Adjust Status.
- Consular Processing: If the beneficiary is outside the United States, they will apply for an immigrant visa at a United States consulate or embassy in their home country.
Step 4: Attend the interview
An interview is required for both status adjustment and consular processing. They will ask the applicant questions during the interview to verify the validity of the relationship and evaluate their eligibility for the green card.
Step 5: Receiving the Green Card
The applicant will receive a green card, enabling them to live and work permanently in the U.S., if the interview is successful and all other requirements are satisfied.
Common Challenges
The family-based green card process can be fraught with challenges, from proving the authenticity of relationships to navigating the intricate paperwork and legal requirements.
Here are some common issues that the Portland immigration attorney can help with:
Proving Relationship Authenticity
A family-based green card application is crucial. This may involve providing extensive documentation, such as marriage certificates, birth certificates, photos, and other evidence. An attorney can help you compile and present this evidence effectively.
Handling paperwork and legal requirements
The application process involves multiple forms and legal requirements that can be confusing and overwhelming. An attorney will guarantee the accurate completion and timely submission of all paperwork, thereby reducing the likelihood of errors.
Addressing special circumstances
Every family’s situation is unique, and some may face additional challenges such as prior immigration violations, criminal records, or complex family dynamics. An attorney has the expertise to navigate these special circumstances, providing tailored advice and solutions to improve your chances of success.
Why choose the Portland immigration attorney?
Choosing the right attorney can make a significant difference in the outcome of your family-based green card application. Here’s why the Portland immigration attorney stands out:
Expertise and experience
With years of experience in immigration law, an attorney has a deep understanding of the intricacies of family-based green card applications. This expertise allows us to anticipate potential issues and address them proactively.
Personalized Service
They believe in providing personalized service to each client. An attorney will take the time to understand your unique situation and provide customized guidance and support throughout the application process.
A commitment to success
The primary goal is to help you successfully reunite with your family in the U.S. They are committed to providing diligent and compassionate representation to achieve the best possible outcome for your case.
Conclusion
Applying for a family-based green card can be complex and challenging, but with the right legal support, it becomes much more manageable. Portland immigration attorney is dedicated to helping you navigate this journey with confidence and ease.