Elkhart Family Immigration Lawyers

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Elkhart Family Immigration Lawyers

Every year, the United States Citizenship and Immigration Services (USCIS) office receives several million applications for visas that would allow someone to temporarily reside in the country, apply for permanent residency, or become a naturalized citizen. The Immigration and Naturalization Act caps the number of permanent residents that can be admitted on an annual basis. One of the only ways around this is through a family member exception for current United States citizens and permanent residents. This can be a complex process, and it is important to retain skilled Elkhart family-based immigration lawyers.

At Kriezelman Burton & Associates, LLC, we have over four decades of experience helping family members get their U.S. visas and residency status.

Who is Eligible for Family-Based Immigration Visas?

The Immigration and Nationality Act (INA) sets forth two categories of family-based immigration visas that can be issued to family members of a lawful permanent resident or a U.S. citizen. These are:

  • Immediate Relative Immigrant Visa
  • Family Preference Immigration Visa

If you are an immediate relative of a U.S. citizen, the good news is, these types of visas are unlimited and not subject to any caps under current immigration laws. To qualify as an immediate relative, you must be a:

  • Spouse of a U.S. citizen (IR-1)
  • Unmarried child, under 21 of age, of a U.S. citizen (IR-2)
  • Orphan adopted by a U.S. citizen (IR-3)
  • Orphan who will be adopted by a U.S. citizen and brought to the country (IR-4)
  • Parent of a U.S. citizen who is 21 years of age or older (IR-5)

If you do not qualify as an immediate relative, you would need to apply under a family preference immigration visa, which does have limitations per category. If you are a permanent resident rather than a U.S. citizen, the number issued each year is even lower.

Family preference visas are divided into these categories:

  • Family First Preference is for unmarried children of U.S. citizens and their minor children (F1);
  • Family Second Preference is for spouses, minor children, and unmarried children who are 21 years of age or over of permanent residents (F2);
  • Family Third Preference is for married children of U.S. citizens and their spouses and minor kids (F3); and
  • Family Fourth Preference is for brothers and sisters 21 years of age or older of U.S. citizens and their spouses and minor children (F4).

Relatives Who are Ineligible for Family-Based Immigration Visas

Just because you are related to someone does not mean you automatically qualify to apply for a visa. Those relatives who do not qualify under either category include:

  • Aunts and uncles;
  • Nieces and nephews;
  • Grandparents;
  • Cousins;
  • In-laws; and
  • Any other extended family members

Contact Elkhart Family-Based Immigration Lawyers

If you need assistance with bringing a family member to the United States, you need to speak with skilled Elkhart family-based immigration lawyers who can assist with the process. Contact our knowledgeable team of attorneys at Kriezelman Burton & Associates, LLC today to schedule a consultation.