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Getting a family-based immigrant visa

18th November 2010
By Daniel Smith in Immigration Law
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US Citizenship and Immigration Services (USCIS) are the authority that looks over the issuance of visas. There are two basic categories of family-based immigration visas available – limited and unlimited. Let’s discuss the details of these two categories of visas that you can apply.

Unlimited visas are available for the immediate relatives of US citizens. Immediate relatives include the spouse, widow/widower and unmarried children (under 21 years of age) of a US citizen, as well as the parent of a US citizen (21 years or older).

Limited visas are available according to the following preferences:

First Preference is for unmarried sons/daughters of US citizens, and their children.
Second Preference is for spouses, minor children, and unmarried sons/daughters (20 years or older) of lawful permanent residents of US.
Third Preference is for married sons/daughters of US citizens, and their spouses and children.
Fourth Preference is for siblings of US citizens, and their spouses and children. However, the US citizen must be 21 years of age or more.


What is the procedure for family-based visa petition? If an US citizen wants to obtain an immigrant visa for a relative, he/she need to take the initiative. Here are the details of what to do.

* Get the Immigrant Petition for Relative Form I-130 from the USCIS.
* Fill it out and submit it to the USCIS, as per the instructions.
* Also, submit the Affidavit of Support, Form I-864 along with personal documents.
* If your application gets an approval, you would get notice of approval, Form I-797.
* The Immigrant Visa Processing Center would contact the intending immigrant.

It is the applicant’s responsibility to submit the visa fees along with the application.

Does it seem like an easy procedure? It sure does! Why then, would you need a lawyer? US immigration laws are a complex web of rules and regulations. If your application, in any way, does not adhere to any of these, it may never get approval. It is necessary to keep in mind the details of these laws while you file for an immigrant visa.


Get in touch with any of the immigration attorneys in your city, i.e. Miami. Opting for a local lawyer saves you a travel expenses and a lot of hassle as well. Ask him/her to review the application. Miami immigration lawyers can also help you to get a waiver if a certain legal binding prevents your relative from getting an immigrant visa.
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