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| Entertainment Industry visas: |
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| O Visa: Film and Television Professionals, Arts, Actors, Models, Musicians, Crews and More |
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Employment Based Immigrant Visas - "Green Card": |
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Pasadena office:
70 S. Lake Ave., Suite 1000
10th Floor
Pasadena, CA 91101
Phone: (626) 398-1992
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1671 The Alameda, Suite 210
San Jose, CA 95126
Phone: (408) 293-2026
Fax: (408) 293-7617 |
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Family Immigration petitions |
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Suitable for family members of US Citizens and permanent residents. |
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Overview:
With all of the family based immigration petitions time is truly of the essence as a person can move from an immediate relative position to a preference category position quickly.
The down side of the preference category petitions is that they take much longer to be approved due to large visa backlogs. The immediate relative petitions are always currently available as opposed to the preference petitions.
As an example of how a foreign national can move between categories image if the unmarried daughter of a U.S. citizen, petitioning under family-first preference marries before the visa is issued, the beneficiary's first preference petition automatically converts to a family third preference petition. |
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| This guide provides a brief outline of the family based preference categories and is useful in determining in what category a family member would qualify and what that means. This discussion is aimed at explaining the family categories and does not discuss green card eligibility requirements. For additional information please contact us. |
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Immediate Relatives |
Before turning to the various preference categories it is important to note that there is an "Immediate Relative" category which is not subject to any numerical limit. To qualify for this category one must be the child, spouse or parent of the U.S. Citizen who is filing the petition on your behalf. Per the regulations, a child must be under the age of 21 and unmarried at the time the petition is filed. Further, in order to apply for a parent, the petitioning U.S. citizen must be the son or daughter of the beneficiary, and must be at least 21 years of age. This group of family members includes:
(1) Spouse of a U.S. citizen;
(2) Certain spouses of deceased U.S. citizens;
(3) Child of a U.S. citizen;
(4) Adopted child of a U.S. citizen;
(5) Orphan to be adopted by a U.S. citizen residing in the United States;
(6) Parent of an adult U.S. citizen; and
(7) A child under 16 adopted or to be adopted under the terms of the Hague Convention. |
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Preference Category Family Petitions |
When preparing a family based immigrant (green card) petition for a family member there are various categories in which the family member may fall. The importance in understanding the preference categories arises out of the fact that depending on the category in which a family member is classified, if they qualify at all, the processing times may vary greatly.
The processing times vary greatly as there are limited visa numbers available to each classification. Accordingly, the specific visa categories get back logged and thus processing times are affected. Please see below for a discussion on what a priority date is and where to find the current family based priority dates.
A U.S. citizen or a permanent resident alien may file a petition under on behalf of a family member if the alien meets one of the relationships listed below:
(1) First Preference: Unmarried sons and daughters of U.S. citizens;
(2) Second Preference: Spouses and unmarried sons and daughters of permanent resident aliens;
(3) Third Preference: Married sons and daughters of U.S. citizens; and
(4) Fourth Preference: Brothers and sisters of U.S. citizens. 9 FAM 42.31.
Note that pursuant to statute, the spouse and unmarried children of an alien beneficiary are entitled to the same preference status, and the same priority date, as the principal alien. |
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What is a Priority Date and how do I check the current dates?
The priority dates can be found at the Department of State website. The current priority dates can be found at the Visa Bulletin http://travel.state.gov. A priority date is a date indicated on the form I-130, which is the first form that must be submitted in a family based immigrant petition for a family member in any of the four preference categories discussed above. This date is the filing date of the I-130 form. This priority date is very important as you use this date to track when there are visa numbers (green cards) available for your family member, and accordingly indicates when the I-485 petition may be filed. The dates in the visa bulletin, associated with each preference category, indicate that cases with those priority dates have visas currently available. |
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Our attorneys can assist you with all your family-based immigration needs whether you have an immediate relative for whom you wish to petition, sons and daughters over the age of 21 and/or married, or brothers and sisters. Contact us to let our legal team help you throughout this process, from discussing your options, to gathering and preparing the requisite evidentiary materials, preparing your family visa petition, and being available for any questions you may have throughout the process. |
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