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 > Immigration > Family Immigration

Family Based Immigration

Family based immigration is perhaps the most common form of immigrating to the United States.  U.S. family-based immigration laws are complex. The United States Immigration and Nationality Act provides a way for non-citizens to come to the U.S. based on a relationship to a legal resident, or U.S. citizen.

Family Based Green Cards

Petitioning by a U.S. Citizen

A U.S. citizen can have an immigration lawyer file paperwork requesting immigration approval for relatives including:

  • Spouse (husband or wife)
  • Married child (any age)
  • Unmarried child (under 21 years of age)
  • Sibling (brother or sister)
  • Parent (father or mother)

Petitioning by a Permanent Resident

A permanent resident (person with a green card) may work with an immigration lawyer to file papers requesting immigration approval for relatives including:

  • Spouse (husband or wife)
  • Unmarried Child

Obtaining a Green Card

Any relative being sponsored must obtain an immigrant visa. There are several ways to obtain a green card. In order to obtain a green card you must first prove to the USCIS that you have a qualifying relationship (as listed above). Next you must apply for lawful permanent resident status, through Adjustment of Status or Consular Processing.

Other Qualifying Means to Get A Green Card

A person may also get a green card if they are:

  • A Widow/Widower of a U.S. citizen or permanent resident
  • A person born to a diplomat in the U.S.
  • A battered spouse or child of a U.S. citizen
  • A person with a K visa, as a fiance’ or accompanying child

There are many classifications and situations which make a person ineligible to petition for a family based green card. Preparing documentation and paperwork can take time, and must be done in good order. To minimize the chances of problems you should hire an experienced immigration lawyer.

Get the help you need! Call us at 678-354-3554 or contact us online to request a consultation with an immigration lawyer.

Consular Processing

Consular processing means going to a U.S. embassy or consulate, in the country of origin, to complete the application for a green card (lawful permanent residence).

Family based immigration Consular Processing is customary when the applicant lives outside the United States, or if an Adjustment of Status is not applicable. Consular Processing can begin after the applicant has obtained an approval of their immigrant petition (i.e., Form I-130 or I-360). At this point the applicant will undergo an interview at a U.S. Consulate or Embassy in their country of residence. If the immigrant visa is approved, the person may enter the U.S. as a lawful permanent resident.

Adjustment of Status

Family based immigration Adjustment of Status is a process which enables a foreign national to apply for a green card. This process, if successful, will change a person’s status from non-immigrant or parolee, to immigrant/permanent. This method requires filing a I-130 or I-360 petition, which must be approved. A person attempting an Adjustment of Status must meet all established qualifications, and have passed certain checks by the USCIS.


U.S. Citizenship and Immigration ServicesFor more information on U.S. immigration laws you can visit the website for the U.S. Citizenship and Immigration Service

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