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Immediate Relative/Family Based Petitions

Family reunification has historically been the principal policy underlying U.S. immigration law. The Immigration and Nationality Act allows U.S. Citizens or Lawful Permanent Residents (green card holders) to sponsor the immigration of family members to the United States based upon those relationships. 

Who is Eligible?

Those deemed of the highest priority are:

  • parents of US citizens
  • children under 21 of US citizens
  • spouses of US citizens.

These relations are considered “immediate relatives”. Other than these select classes that qualify for “immediate relative” status, there are several other qualifying relationships that can allow a US citizen or green card holder to apply for their family members. These include categories for married sons and daughters of U.S. Citizens, and brothers and sisters of adult US citizens, among others.

About the Process:

For those select classes able to qualify as “Immediate Relatives” there is never a shortage of available immigrant visa numbers (i.e. green cards) nor are there added delays in the process other than the regular time it takes for the case to process through the government offices.

Nonetheless, despite the sometimes fast processing timelines, there can often be important considerations such as work permission and travel restrictions that an experienced immigration attorney can discuss with you before you file such a petition for an immediate relative. Further, as filing fees increase, immigration filing locations change and form editions are updated quickly, it’s easy to miss a detail that could delay your case. We are happy to take ensure these details are not overlooked so you don’t have to worry.

Petitions based on less “immediate” relationships can result in sometimes lengthy delays waiting for their turn in the queue of limited immigrant visa (green card) numbers. Due to these sometimes lengthy delays, it is very important to consult with an immigration attorney to understand the potential advantages as well as the disadvantages and potential risks associated with filing family-based petitions. Call for a free Consultation (918) 973-0095.