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Miami, Fl. 33130
USA

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©2017 BY AMERICAN IMMIGRATION ATTORNEYS MIAMI. 

Family Based

If you are a Permanent Resident or a Green

Card Holder

 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...

  1. First, LPRs are limited by Who they may petition for. For example, an LPR may never apply for an immigrant parent or sibling.

  2. 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.

  3. Thirdly, there are certain age limitations; 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 all 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 National Visa Center and consulate(s). 

As a U.S. Citizen (“USC”), you are eligible to apply for certain family members.

However, applying for family members has its limitations.

  1. First, USCs are limited by Who they may petition for. For example, an USC may never apply for an immigrant grandparent.

  2. Second, there are factors that can affect the USC Petition for his/her family member. For example, if a USC parent petitions for an adult child, and that child subsequently marries, the Petition changes “Category” upon that child marrying. This change of category can affect the timeliness and approach of the Petition.

  3. 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 (with only a few exceptions), 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 National Visa Center and consulate.

If you are a US Citizen