What is a US Family Based Green Card Visa? – An Overview 

Do you have your family or close relatives settled in the USA but are wondering on how to re-unite with them? The answer to all your woes is the US Family Based Green Card Visa. These people can be your spouse, children, parents, or siblings, but what you must know that under the purview of this visa what cannot be included are your distant relatives like your grandparents as well as your cousins.

Herein a U.S. citizen or Lawful Permanent Resident (LPR) requests or pleas in the form of a petition for a relation to allow them consent to migrate to the United States. Once you get a green card to the US via the family you can have a permanent home in the US. You are even with the green card visa permitted to receive a driver’s license, travel to and fro from the US for a particular periods of time. 

Also, if you do not violate or break any of the US laws during this time period you can even apply for a citizenship of the US which means you can enjoy many other legal rights enjoyed by the US citizens. There can be an annual limits on the number of visas to be issued. 

The family classifications visa includes:

Relatives of US Citizens

Immediate Relative – the Immediate Relative class is regarded as a high priority classification and hence the US government has not imposed any annual number ceiling on this category and the family members of applicants can obtain permanent resident Green Card rapidly. Family members regarded as immediate relative includes following relations:

  1. Spouse
  2. Unmarried and dependent children under 21 years of age
  3. Parents (if the US citizen is above 21 year of age)  


Family Preference

The family preference class includes those members not included in the immediate relative class, i.e. the relatives in question are those family members of US citizens not defined in the immediate classification. In this category, the relations include following people

  1. Unmarried sons or daughters aged over 21years
  2. Married children of any age
  3. Brothers and sisters (incase the U.S. citizen is aged over 21 years)

Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.

Relatives of Green Card Holders (2nd Preference Class) 

The category of eligible family members includes relative classifications of both Immediate and Family Preference class.


Request Petition for Immediate Relative Class

There is a slight difference in requests placement process (petitioning) for people already in the US and those outside the US.

Applications Process

  1. Filing process for Immediate Class 
  2. Single phased process

If the applicants are already in US on some other entry arrangements and visa transition is permitted under that specific arrangement, the applicants can straightaway file I-485 (Application to Register Permanent Residence or Adjust Status) to obtain a permanent residential status at the same time when the US national is placing an I-130.

  1. Two phased process
    1. First Phase -The process starts with US national (Immediate Relative) placing I-130 for approval.
    2. Second Phase - applicants can submit I-485 whenever convenient after the submission of I-130 by sponsoring US National and receipt of I-797 (Notice of Action/sanction notice). However, it is very important to keep in mind that I-130 should not have been rejected. The process usually requires submission of I-130 acknowledgements or I-797 (Notice of Action/sanction notice) along with I-485 indicating that I-130 is under review or has been sanctioned.

Substantiation of Relationship

Quality Abhinav Assistance

Abhinav has expansive exposure in handling US Visa requests. We have established a comprehensive profile assessment strategy which is carried out in 2 phases (to ensure an error free requests placement-petitioning). We offer structured and phased assistance at affordable prices for family immigration to the US to a variety of clients residing in or out of USA. Our support and backup start can be availed right from the start (filing of I-130) to final steps (placing I-485 or Consular Process)

individual applicants

We can elaborate all laws and statutes to help you understand relevance of each step of US Family Based Green Card immigration system and also assist you in filing of petitions and communicating with USICS on your behalf and finally placing Application for Adjustment (I-485).

Companies

We offer reliable, within budget and just in time services to help your employees in resolving various intricate issues connected to US Family Based Green Card immigration. We start by preparing and placing I-130 on their behalf and complete the process by preparing and submitting the petition for I-485 (Application to Adjust Status).

US Immigration Law experts

We are equipped with an expert of established US law experts, well versed staff to handle any Visa application for US and also handle the state of the art “Tracker” immigration software which enables us to provide flawless services to our clients.

Quality Support

Various people have successfully moved to US by availing our competent services for US Family. We offer comprehensive support and back up for US visa application process. In case of Family based US visa our services start with the following:

  1. Filing Process For Family Preference Class and Family Members of Green Card Holders
    Petitioning for Family class is carried out in Two Phased process
     
    1. Phase One – The US national sponsoring relatives under family preference class needs to initiate the process by placing I-130 (petition) carrying nomination of foreign relatives. The applicants must wait until the due date for approval of I-130 arrives (priority date becoming current). 
    2. Phase Two – once the due date of approval (I-130) arrives (Priority date becoming current), the sponsored relatives can go ahead with placement of I-485 (Application to Register Permanent Residence or Adjust Status). 
    1. Applications if beneficiary is outside the US
      In cases where the applicants to be sponsored by US citizen or green card holders are out of the country, the process of permanent residency starts with petition I-130 filed by US National or Green Card holder. On receipt of approval of I-130, it will be sent to NVC for consular processing to issue US visa to the sponsored applicants.
    1. Evidencing biological relationships by furnishing birth records and the other deemed approved proofs of family relationships.
    2. Evidencing existence of marital relationships and substantiating that matrimonial relations are genuine and not for obtaining benefits of Immigration. Spouses of US citizen or Green Card holders having married less than 2 years ago are granted a conditional entry for a period of not more than 2 years and a request for removal of conditions  must be filed 90 days before the expiry of conditional permanent residence
    3. Affidavit of support, with other attachments indicating that relative or family member will not become a public charge.
    1. Preparing I-130, Petition for foreign Relative, family based permanent resident petition with requisite attachments
    2. Compiling and finalizing requisite forms and attachments to be submitted with I-130 petition
    3. Putting together I-130 petition after final assessment and preparing for submission
    4. Preparing (AOS/I-485) application to adjust status for the immediate relatives residing in the USA
    5. Following up with the adjustment of status application process after receipt of visa number Preference relative categories

Even if you seek more information about US Family Based Green Card Visa you can write an email on web@abhinav.com and one of the most experience immigration consultants will get in touch with you to help you out with your questions and concerns or you can also choose to call us on +91-8595338595 or directly interact with the expert through our Live Chat window.

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