Lawful
permanent residents or LPRs and US citizens can help their family members
immigrate to America. Spokane, WA immigration lawyers say the first step is to acquire
an immigrant visa and subsequently apply for a green card or LPR. If your
family member is already in the US, you will have to petition for an
‘adjustment of status’.
The procedure
is a tedious one and it would be sagacious to seek help from a legal
professional to assist you with the petition. For the most part, a number of
factors determine the actual processing time. The petitioner’s status as a US
citizen or LPR is very important. Secondly, the amount of processing time depends
on factors such as the country of origin of the beneficiary, your family
relation with the person, any
pending criminal proceedings, and personal
circumstances of the beneficiary.
Who are eligible for US immigration?
Relatives
applying for immigration fall under two categories; immediate relatives of US
citizens and family preference relatives. There are no quotas or limitations in
the case of immediate relatives. Children of US citizens below 21 years of age
and opposite sex or same sex spouses can apply for US visa under the ‘immediate
relatives’ category.
Parents of
children who are 21 years of age and are US citizens, orphans who are adopted
in the US or from other countries can also apply for immigration under this
category. However, there are quotas that apply to family preference relatives,
which are revised yearly and Spokane, WA immigration attorneys pay close
attention to these changing rules.
Family Preference Relatives
First Preference or F1- Unmarried
sons and daughters of US citizens can immigrate under the law. The condition is
that the beneficiary must be unmarried at the time of the petition, and remain
so until they receive a green card.
Second Preference or F2-
Permanent residents can apply under this law to help immigrate spouses,
unmarried sons, and daughters (21 and above). Children who are divorced or
widowed are considered unmarried, and are eligible to apply under this
category.
Third Preference or F3-
Under this married sons and daughters as well as their children are allowed to
immigrate. If the beneficiary obtains a good-faith divorce during the waiting
period then he/she can apply for immigration under the F1 preference.
Fourth Preference or F4-
Brothers and sisters as well as half-brothers and half-sisters, adoptive
siblings, and their children can apply for immigration under this category.
How to start the process of filing?
Since this
involves several complicated forms and supporting documents, it is wise to
consult a Spokane, Washington immigration lawyer at this stage. You will need to submit
the I-130 form, called the Petition for Alien Relative. This form is available
from the United State Citizenship and Immigration Service or USCIS Offices and
their website.
A copy of the
green card or the passport is provided as a document of proof confirming the
petitioner as a US citizen. Additionally, you will have to provide proof of the
relationship with the person. Along with this immigration lawyers recommend
that petitioners submit
Affidavit of Support and form I-864. Make sure to
maintain copies of all the documents you have submitted. You should have a
digital file set up and certainly a paper file set up as well with all this
information saved.
If the forms
are in order the petitioner will receive a receipt of the documents. If they
are not in order then the USCIS will ask for an RFE or Request for Evidence.
When the
documents are all in order the file will be sent to the National Visa Center
where it will remain until a slot for immigration is made available. If you need any help in this matter, you should call a Spokane immigration lawyer at the Powell Law Offices. No law firm does a better job for their clients than this one.
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