Immigrant Visas in the Family Based Category
Marriage Based Green Card
At Chowdhry & Lee, PLLC, we expertly guide couples through the marriage-based green card process, focusing on both Adjustment of Status and Consular Processing to ensure families can build their future together in the United States.
Adjustment of Status and Consular Processing
For couples residing in the U.S., we manage the Adjustment of Status process, preparing and submitting the necessary forms to change the non-resident spouse’s status to that of a lawful permanent resident. This includes meticulous documentation and support through the interview process at USCIS.
For those outside the U.S., we handle Consular Processing, coordinating with U.S. consulates to process the green card application. Our team ensures that all paperwork is accurately completed, guides clients through the preparations for the consular interview, and addresses any issues that may arise during the process.
Our dedicated attorneys provide comprehensive support every step of the way, ensuring that couples understand their rights and obligations and receive the knowledgeable legal representation they need.
Petition for Your Children
When petitioning for parents of United States citizens to obtain lawful permanent resident status (a green card), U.S. citizens must follow a specific legal process governed by U.S. Citizenship and Immigration Services (USCIS). Here’s an overview of how this process works:
Eligibility
To be eligible to petition for a parent, the U.S. citizen must be 21 years of age or older. The parent must be the biological parent, step-parent (if the marriage creating the step-parent relationship occurred before the child turned 18), or an adoptive parent (if the adoption occurred before the child turned 16 and other legal requirements were met).
Step-by-Step Process
- File Form I-130, Petition for Alien Relative: The U.S. citizen child starts the process by filing Form I-130 with USCIS. This form establishes the relationship between the citizen and the parent.
- Evidence Submission: The petitioner must provide evidence proving the parent-child relationship, such as a birth certificate, marriage certificate (for step-parents), or adoption papers.
- USCIS Decision: Once the Form I-130 is approved, the process moves forward based on whether the parent is inside or outside the United States.
- Adjustment of Status (If the parent is in the U.S.): The parent can file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a lawful permanent resident. This is typically filed after the approval of the I-130 petition.
- Consular Processing (If the parent is outside the U.S.): The approved petition is sent to the National Visa Center (NVC), which then communicates with the parent to submit forms and documents. Once everything is in order, the parent will be scheduled for an interview at a U.S. consulate or embassy in their home country. If the interview is successful, they will be granted an immigrant visa to travel to the U.S. and become a permanent resident upon entry.
Supporting Documents and Interviews
Throughout this process, the petitioner and the parent may need to provide additional documents, such as proof of the petitioner’s U.S. citizenship, financial support documents, and more. Additionally, the parent will need to undergo a medical examination and possibly attend an interview.
Legal Representation
Given the complexities of immigration law, it's advisable for U.S. citizens and their parents to seek competent legal representation. An attorney can provide guidance on required documentation, prepare for interviews, and help address any legal issues that might arise during the application process.
Petition for Your Parents
When petitioning for parents of United States citizens to obtain lawful permanent resident status (a green card), U.S. citizens must follow a specific legal process governed by U.S. Citizenship and Immigration Services (USCIS). Here’s an overview of how this process works:
Eligibility
To be eligible to petition for a parent, the U.S. citizen must be 21 years of age or older. The parent must be the biological parent, step-parent (if the marriage creating the step-parent relationship occurred before the child turned 18), or an adoptive parent (if the adoption occurred before the child turned 16 and other legal requirements were met).
Step-by-Step Process
- File Form I-130, Petition for Alien Relative: The U.S. citizen child starts the process by filing Form I-130 with USCIS. This form establishes the relationship between the citizen and the parent.
- Evidence Submission: The petitioner must provide evidence proving the parent-child relationship, such as a birth certificate, marriage certificate (for step-parents), or adoption papers.
- USCIS Decision: Once the Form I-130 is approved, the process moves forward based on whether the parent is inside or outside the United States.
- Adjustment of Status (If the parent is in the U.S.): The parent can file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a lawful permanent resident. This is typically filed after the approval of the I-130 petition.
- Consular Processing (If the parent is outside the U.S.): The approved petition is sent to the National Visa Center (NVC), which then communicates with the parent to submit forms and documents. Once everything is in order, the parent will be scheduled for an interview at a U.S. consulate or embassy in their home country. If the interview is successful, they will be granted an immigrant visa to travel to the U.S. and become a permanent resident upon entry.
Supporting Documents and Interviews
Throughout this process, the petitioner and the parent may need to provide additional documents, such as proof of the petitioner’s U.S. citizenship, financial support documents, and more. Additionally, the parent will need to undergo a medical examination and possibly attend an interview.
Legal Representation
Given the complexities of immigration law, it's advisable for U.S. citizens and their parents to seek competent legal representation. An attorney can provide guidance on required documentation, prepare for interviews, and help address any legal issues that might arise during the application process.
Petition for Your Siblings
Petitioning for siblings to obtain lawful permanent resident status in the United States involves a detailed and lengthy process. Here’s a comprehensive overview of how U.S. citizens can sponsor their siblings for a green card:
Eligibility
To be eligible to petition for a sibling, the U.S. citizen must be 21 years of age or older. The sibling relationship can be through biological parents, a step-parent (if the marriage to the biological parent occurred before the child was 18), or adoption (if both siblings were adopted by the same parents before the age of 16, and other legal criteria were met).
Step-by-Step Process
- File Form I-130, Petition for Alien Relative: The U.S. citizen must start the process by filing Form I-130 with the USCIS. This form is used to establish the legitimate relationship between the siblings.
- Evidence Submission: The petitioner needs to provide evidence proving the sibling relationship. This may include birth certificates of both siblings showing they share at least one parent, and additional documentation depending on the nature of the sibling relationship (e.g., marriage certificates of parents, adoption decrees).
- USCIS Decision: After the I-130 form is filed, USCIS reviews the petition. Approval times can vary significantly due to high demand in this category and a limited number of visas available annually.
- Waiting Period for Visa Availability: Unlike immediate relatives of U.S. citizens, siblings fall under the Family Preference category, specifically the F4 category. There is an annual cap on the number of visas issued in this category, which often results in long waiting times—sometimes several years or more—before a visa becomes available.
- Visa Application Process:
- National Visa Center (NVC) Processing: Once the I-130 is approved and a visa number becomes available, the case is transferred to the NVC, which then requests further documentation, including affidavits of support, application forms for the visa, and other necessary documents.
- Consular Processing: After NVC processing, the sibling will be scheduled for an interview at a U.S. embassy or consulate in their home country. This includes a medical examination and the submission of additional documentation.
- Visa Issuance and Travel: If the consular officer approves the visa application during the interview, the sibling will be issued an immigrant visa. They must enter the United States with this visa, after which they will become a lawful permanent resident.
Legal Representation
Due to the complexity and duration of the process, it’s highly recommended that petitioners and beneficiaries seek experienced legal counsel. An immigration attorney can help navigate the procedural intricacies, ensure compliance with all legal requirements, and potentially expedite the process wherever possible.
This process reflects the commitment of the U.S. to family reunification, although it requires patience and meticulous attention to legal and procedural details.