Family-Based Petition

Practice Areas

Citizenship and NaturalizationCitizenship and Naturalization
Residence or Green CardResidence or Green Card
Family-Based PetitionFamily-Based Petition
Employment-Based PetitionsEmployment-Based Petitions
Labor certification an national interest waiverLabor certification and national interest waiver
Cuban Adjustment LawCuban Adjustment Law
AsylumAsylum
Temporary Protected Status (TPS)Temporary Protected Status (TPS)
Adjustment of StatusAdjustment of Status
Work permitWork permit
Nonimmigrant VisasNonimmigrant Visas
Business visas (E1- E2 – L1) and derivativesBusiness visas (E1- E2 – L1)
Student visasStudent visas
Change of StatusChange of Status

Family-based foreign petitions are one of the three paths to achieving permanent residence or Green Card in the USA. It can be applied to them with certain restrictions in each case. Depending on the situation of the petitioner, he or she may request certain family members with greater or lesser priority. The main family-based preference categories are:

Immediate Relative: This category applies to certain close relatives of US citizens, including spouses, unmarried children under 21 years of age, and parents of adult citizens (over 21 years of age).
First Preference: This category applies to unmarried children over the age of 21 of US citizens.
Second Preference: This category applies to spouses and unmarried children under 21 years of age and unmarried children over 21 years of age of legal permanent residents (Green Card).
Third Preference: This category applies to married children of US citizens, regardless of age.
Fourth Preference: The Fourth Preference category applies to brothers and sisters of adult US citizens (over 21 years of age).

It is important to note that family-based preference categories have annual limits on the number of visas available and that there is currently a large wait time depending on the category.

These family-based preference categories are a key component of the United States immigration system and provide an avenue for U.S. citizens and lawful permanent residents to sponsor their close relatives and allow them to obtain permanent residency in the country.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.