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FAMILY IMMIGRATION LAW
Family-based immigration is a growing and ever important consideration in today’s multi-national community. In addition to our business immigration work, our family-based immigration practice includes a broad range of services to assist U.S. citizens and legal permanent residents in bringing their families together, including a full complement of immigrant and non-immigrant services. Types of Family-Based Petitions: The Immigration and Nationality Act allows for the immigration of foreign nationals to the United States based on relationships to a U.S. citizen or a legal permanent resident. There are several categories for family-based immigration, including:
If an applicant does not qualify as an immediate relative, they may apply under one of four categories ranked in order of preference. Since numerical caps apply to these categories, visa petitions are ranked chronologically based on a "first come - first serve basis." Because of the numerical cap, there are long waiting periods to obtain a visa in most of the family-based immigrant categories. The date of the application is called a priority date.
The type of visa category applicable to an intending immigrant in the four available areas of preference depends upon two factors: (i) whether the person sponsoring the immigrant is a U.S. citizen or a lawful permanent resident and; (ii) the closeness and dependency of the relationship between the immigrant and the United States relative.
Who is a United States Citizen? Generally speaking, any person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was born or naturalized in the U.S., or either parent was a U.S. citizen at the time of applicant's birth.
Immediate Relatives may immigrate to the United States on a family-based petition. This is the most attractive category since there is no limitation to the number of immigrants who may qualify under this category and visa numbers are immediately available for these individuals. Immediate Relatives include spouses, children and parents of U.S. citizens.
Other information: Medical Examinations: Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant, in addition to the visa fees. For a list of designated Civil Surgeons, see our Online Resources page.
Social Security Number (“SSN”): Before your relative arrives in the United States, you can help them learn how to obtain a social security number card after he/she becomes a legal permanent resident. See our Online Resources page for a link to the Social Security website. You may also apply for an SSN at the time of you submit the application for your immigrant visa with the U.S. Embassy.
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