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Family Based Immigration Lawyer Philadelphia

United States citizens and lawful permanent residents (green card holders) have the right to file immigration petitions on behalf of their family members under the immigration laws of this country. These petitions enable family members to come to the United States as lawful permanent residents. These petitions may also lead to family members being able to remain permanently in the United States if they are already here, even if they are in Removal Proceedings.

The types of family-based immigration petitions include immediate relative petitions and petitions for other family members. Immediate relatives enjoy the advantage of not needing to not wait for a visa to become available. Family-based petitions for non-immediate relatives, in contrast, often require the relative to wait until a visa becomes available. The wait for certain family members can be a matter of years. The length of the wait depends on the relative’s relationship to the petitioner.

Immediate Relatives
A United States citizen may petition for immediate relatives, including: a husband or wife, a child of the United States citizen who is not yet under 21 years old and who is unmarried, an orphan adopted by a United States citizen, or a mother or father of a United States citizen, provided that the citizen is 21 years of age or older. Immediate relatives do not need to wait for a visa to become current. Consequently, immediate relatives are usually able to gain their lawful permanent resident status swiftly, within a matter of months or within approximately a year.

Family Preference
A United States citizen or lawful permanent resident can also file a petition for a family member who is not an immediate relative, as defined by law. However, non-immediate relatives are required to wait for their visas to become current before they are eligible to apply for lawful permanent residence, i.e. a green card. Qualifying relatives include:

  • Unmarried sons and daughters of US citizens (at least 21 years old) – current wait period is about 7 years;
  • Husbands, wives and unmarried sons and daughters (not yet 21 years old) of lawful permanent residents – current wait period is about two years;
  • Unmarried sons and daughters of lawful permanent residents (at least 21 years old) – current wait period is about 7 years;
  • Married sons and daughters of United States citizens – current wait period is about 11 years;
  • Siblings adult US citizens – current wait period is about 13 years.

Philadelphia Family Based Immigration Lawyer

Petitioners and applicants are generally required to file extensive forms and supporting documentation, and to undergo elaborate interviews with officers of the Citizenship and Immigration Service (USCIS). It is essential that family-based petitions be prepared correctly and thoroughly, in order to avoid delays and even potentially denials. A Philadelphia Immigration Attorney can represent you and your family members before USCIS in even the most complex and challenging of cases. We will help you to prepare. We will guide you through the process, and we will provide you with indications of what you should expect as your case advances.

Contact a Philadelphia Immigration Lawyer with any and all question and concerns online, or call for a free consultation at 215-673-7733 Philadelphia Immigration Lawyer.

This content was written on behalf of Greg Prosmushkin.