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In order to qualify for immigration to the United States under this circumstance, a foreign national must be sponsored by a family member who is either a U.S. Citizen or a U.S. Lawful Permanent Resident (a green card holder) who is at least 21 years of age.
The initial step in this process involves the U.S. family member filing an I-130 Petition For Alien Relative Form within USCIS.
There are two types of family-based immigrant visas:
1. Immediate relative visas - This visa category is exclusively for close relatives of U.S. citizens, including spouses, unmarried children under 21, or parents. There is no limit to the number of visas available for this category. These visas include:
2. Family Preference visas are designated for particular, more distant family connections with a U.S. citizen and certain specified relationships with a Lawful Permanent Resident (LPR). The allocation of immigrants in these categories is restricted annually. Examples of these visas include:
Keep in mind that U.S. citizens can file an immigrant visa petition for their:
• Spouse
• Son or daughter
• Parent
• Brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
• Spouse
• Unmarried son or daughter
Please note that the application process varies depending on whether applicants are located within or outside the U.S.
Upon the approval of the petition, if the applicant is in the US, he/she must apply for Adjustment of status, if outside the US, for the appropriate immigrant visa at the US Embassy or Consulate abroad.
This condition is specified in the petition, so it is important that the documents are filled out accurately and precisely.
We recognize that dealing with documentation can be complex and overwhelming, potentially leading to errors that could impact your status or visa application. Our role is to assist you in selecting and completing the required application documents accurately at every step of your chosen process.
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