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Family Based Green Cards

Atlanta & Marietta Family Based Green Cards

One of the ways that an individual can immigrate to the USA is through a petition from a family member. There are certain requirements that must be present in order to qualify for immigration to the USA by virtue of a petition from a family member (commonly referred to as a petition for an alien relative).

Although there are several ways to obtain a green card by way of a family related petition, for most people in this category ,it boils down to whether their family member who would petition for them is a united states citizen or a green card holder.

Petition by a United States Citizen

A petition for a family member by a United States citizen can be divided into two broad categories:

Immediate relatives; the immediate relatives of a United States citizen are threefold;

  • Spouse of the United States citizen
  • Unmarried children of the United States citizen who are under 21
  • Parents of the United States citizen provided the citizen is at least 21.
  • The immediate relatives above do not have to wait for visa availability. A visa would always be available for any member of this group once the petition is approved.

Other family members of a United States citizen; in this group you will have;

  • Unmarried adult (over 21) children of a United States citizen (1st preference category)
  • Married children of a United States citizen, their spouses and their minor children (3rd preference category)
  • Brothers and sisters of adult United States citizen, their spouses and minor children (4th preference category).
  • All the family members in the above group fall into what is called family preference groups. The key difference being that there is a limit to the visas available to this group. Therefore visa availability and priority dates are important here.

Petition by a green card holder

All the family members of a green card holder fall into preference categories and would always wait for visa availability. There are no “immediate family relatives” for green card holders.

  • Spouse; the spouse of a green card holder falls into the 2A category
  • Unmarried children under 21 of a green card holder also falls into the 2A category
  • Unmarried sons and daughters of a green card holder fall into the 2B category.

These categories are very important in practical terms because sometimes the difference in visa availability based on the categories may be up to 5 years or even more. Also bear in mind that there is no category for a parent or married children of a green card holder.

Marietta & Atlanta Immigration Lawyer

Victor knows how important it is to you to be able to bring your loved ones over. He will give your application the personal attention it deserves. Remember, if the petitioner is a green card holder, or if the beneficiary is not an immediate relative of a citizen, properly filing the petition becomes key to the priority date.

When you wish to assist a family member to immigrate to the USA, it is important to contact an Atlanta immigration lawyer to assist you in your effort, to ensure that the paperwork is correctly filed, accompany you to all interviews, as well as expediting certain applications when it is possible. At the Law Office of Victor Okeke, you will receive the personal legal services that you deserve in all your immigration matters.

If you are seeking an immigration lawyer to assist you in getting a family member a green card, it is strongly advised that you contact an Atlanta Immigration Lawyer from the Law Office of Victor Okeke to assist you and guide you through this complex process.