Office Locations
Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
What Is Family-Based Immigration Law?
Family-based immigrant visas are granted to family members of United States citizens and Lawful Permanent Residents (green card holders) in certain circumstances. Sponsorship by a family member is often the easiest way for many foreign nationals to immigrate to the United States. Immigration is regulated by the United States immigration law, particularly the Immigration and Nationality Act (INA).
Family-based immigration law can be complex. Putting your best foot forward and avoiding mistakes that could prejudice your chances of a successful resolution is critical.
Consult an Immigration Lawyer for legal advice before starting the immigration process. Andrew T. Thomas, Attorneys at Law, can assist with all your immigration questions, from family-based visa and green card applications to requiring representation in issues arising from ICE immigration enforcement operations.
Types of Family-Based Immigration Visas in Texas
Immediate Relative Visas
Immediate relative visas are only available to people with a particularly close family relationship with a United States citizen. The number of visas granted under this category every year is not limited. This means that an unlimited amount of immediate relative visas can be issued annually in the U.S.
Immediate relatives of U.S. citizens include:
- A spouse.
- An unmarried child of a U.S. citizen below the age of 21 years.
- The parents of a U.S. citizen who is 21 years old or above.
Family Preference Immigrant Visas
Family preference immigrant visas are used for more distant family relationships with U.S. citizens. They are also available for limited specific familial relationships of green card holders, also known as Lawful Permanent Residents (LPRs).
The number of visas granted under this category every year is limited. No further visas are processed once the limit is reached for the year. The pending visas are entered into a visa queue for processing at a later date.
U.S. citizens can file a family preference immigrant visa petition for their:
- Unmarried children aged 21 years or older (limited to 23,400 per year). This is known as the family first preference category (F1).
- Married sons and daughters (limited to 23,400 per year.) This is known as the third preference category (F3).
- Siblings are subject to the condition that the U.S. citizen is 21 years old or above (limited to 65,000 per year.) This is known as the fourth preference category (F4).
An immigrant visa petition can be filed by a person having a Lawful Permanent Resident status/green card holder only for the following:
- Spouse and unmarried minor children aged below 21 years. This is known as the second preference category (F2A).
- Unmarried daughters and sons (aged 21 and above). This is known as the second preference category (F2B).
F2A and F2B visas are collectively limited to 114,200 visas per year.
A minimum of 77 percent of visas available for this category are allocated to spouses and unmarried minor children. The balance is given to unmarried children aged 21 years or more.
If you want to launch a Family Based Petition, it may be a good idea to consult an experienced family-based immigration attorney in Texas. That way, you will likely start on the right footing.
Andrew T. Thomas, Attorneys at Law, provides representation for clients at Immigration Court. His experience and human touch make it possible to provide immigration services with dedication and commitment.
What Are the Eligibility Criteria for a Family-Based Green Card?
You may be eligible to get sponsored for acquiring a green card if a member of your family is living in the U.S. as a citizen or a Lawful Permanent Resident. A sponsorship visa will authorize the sponsored individual to live and work in the U.S.A.
Family-Based Immigration Processing Times in Texas
Exact processing times are difficult to predict and depend on several factors:
- Whether the sponsor holds U.S. citizenship or is a green card holder.
- The type of familial relationship used as a basis for green card eligibility.
- The applicant’s country of origin.
- The location from where the visa is applied.
- Whether additional evidence is needed by the U.S. Citizenship and Immigration Services (USCIS).
Therefore, processing time can vary widely and take much longer for some people.
Frequently Asked Questions
What Is a Visa?
It is a document that validates your entry into another country. Every foreigner wishing to enter the U.S. legally needs a visa to be admitted unless they are eligible for a visa waiver program. Visas can be applied for through a U.S. embassy or consulate.
There are two types of visas:
- Immigrant visas: These visas allow travel to the United States to live there permanently and are part of acquiring a green card. Usually, the holder is sponsored by an eligible family member or an employer. The immigrant visa does not confer citizenship and has to be applied for subsequently.
- Non-immigrant visas: These are granted to visitors to the United States for specific purposes, such as business trips, education, and medical reasons, They are given for a particular amount of time, and a precise departure date is reflected on the visa. An overstay will subject the visa holder to potential deportation. This type of visa does not entitle holders to live permanently in the United States.
What Is a Green Card?
Green cards indicate that the holder has the right to permanent residence in the United States. The status allows the holder to work legally and travel anywhere within the United States.
Once a person has an immigrant visa, they can apply for a green card. Green card holders can subsequently apply for united states citizenship after three to five years, depending on the category of their green card.
Green cards need to be renewed every ten years. The validity may even be two years in some instances.
How Do You Differentiate Between a Green Card and a Visa?
Visas only give a right to enter the country, whereas a green card holder has a right to live and work permanently in the U.S.
Family-Based Immigration Lawyer in Texas
Family-based immigration cases can be complex to the point of intimidation. Even minor errors in your application can create problems and may even lead to a rejection of your application. You may consider enlisting the help of an Immigration Attorney in Texas before applying to mitigate these issues. Having a confident immigration attorney next to you every step of the way is not only smart but also less stressful. You can confidently submit your application, knowing that your legal team is experienced and familiar with the processes. Whether you are facing a Deportation Order or need family preference visas, we have you covered and will represent you with passion and empathy. Call us today.
