The process allowing you to apply for immigration and permanent residency of your family member in USA Citizens, as well as, lawful and permanent residents of United States have the ability to file a petition for their family members to obtain permanent residency in the United States. However, the powers that a permanent resident enjoys in relation to a citizen of the United States are quite restrictive. There are mainly to type of family-based immigration visa categories. These include the immediate relative’s category and the family preference category. These provisions fall under the Immigration and Nationality Act or the INA in the United States law.
Immediate relative visas for immigrants (unlimited)- These visas are
available and applicable to only close relatives of a United States
citizens, described as an IR or Immediate Relative of the person. The
number of immigrants under this provision is not limited every fiscal
year. These relatives may either be the spouse, unmarried child under
the age of 21 years of the US citizen, orphan who has been adopted
abroad by a US citizen, orphan who is to be adopted within the US by the
US citizen, or the parent of the US citizen whose age is at least
Family preference visas for immigrants (limited)- These types of visas are reserved for people who are more distant family relatives of the US citizen and permanent residents filing the petition, or is one of the specified relationships of a Lawful Permanent Resident or LPR. Each fiscal year, there is a limitation on the number of candidates who may be selected as per each of the categories specified under this visa type. There are four different categories, namely F1, F2, F3 and F4, which specifies certain relationships and has a limited number of selections every year. The F1 category allows a US citizen to file a petition on behalf of his or her son/daughter 21 years old and over; the F2A/F2B category allows for Lawful permanent residents to file petitions for their spouse, child under 21 and unmarried child 21 and older; F3 allows a USC to petition for their married son or daughter and F4 allows a citizen to apply for his or her brother or sister.
In order to smoothly navigate through this process and correctly file a petition under the accurate category and visa type, it is important that you have legal help from professionals. We at the Law Offices of Carmelia Taylor, PLLC., are capable of providing such help and aiding you through the process.