Family-Based
If you are a Permanent Resident or a GreenCard Holder
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As a Lawful Permanent Resident (“LPR”), i.e, a Green Card Holder, you are eligible to apply for certain family members.
However, applying for family members has its limitations...
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First, LPRs are limited by whom they may petition for. For example, an LPR may never apply for an immigrant parent or sibling.
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Second, there are further limitations regarding LPR adult children and marriage. For example, if an LPR parent petitions for an adult child, and that child subsequently marries, the Petition dies upon that child getting married.
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Thirdly, there are certain age limitations that apply in certain cases; these age limitations commonly arise when an LPR petitions for a minor who then subsequently turns 21, i.e., “ages out.”
It is also important to note that many LPR petitions require the immigrating relative leave the U.S. to receive Resident Status at the foreign consulate (with only a few exceptions).
It is important you retain a competent attorney that can not only explain to you the Law/how to apply, but also the convoluted process that involves various government agencies, including but not limited to, the Department of Homeland Security (USCIS), and the Department of State (the National Visa Center and corresponding consulate(s)).
If you are a U.S. Citizen
As a U.S. Citizen (“USC”), you are eligible to apply for certain family members.
However, applying for family members has its limitations...
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First, USCs are limited by whom they may petition for. For example, an USC may never apply for an immigrant grandparent.
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Second, there are factors that can affect the USC's Petition for his/her family member. For example, if a USC parent petitions for an adult child, and that child subsequently marries, he or she may choose to change the Petition “Preference Category” upon that child marrying. This change of category may affect the timeliness and approach of the Petition.
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Thirdly, the process by which a USC Petitions for a family member is drastically different depending on whom the USC is petitioning for. For example, a USC petitioning for a spouse is petitioning for an “Immediate Relative” that does not fall within a “Preference Category.”
It is also important to note USC petitions are complex, some petitions require the immigrating relative leave the U.S. to receive Resident Status at the foreign consulate, while other USC petitions allow the immigrating relative to stay in the U.S. and “Adjust Status.” It is important you retain a competent attorney that can not only explain to you the Law/how to apply, but also the convoluted process that involves various government agencies, including but not limited to, the Department of Homeland Security (USCIS), and the Department of State (the National Visa Center and consulate(s)).
