Miami Family Based Immigration Attorney

A US Citizen may file a green card application on behalf of an “Immediate Relative” without having to wait in order to get immigration benefits. This may be done by applying for an Immigrant Visa (if the relative is outside the US) OR for an Adjustment of Status (if the relative is in the US on another Status). When you apply for a green card as an Immediate Relative of a US Citizen you may request a temporary work authorization. You must not leave the US until your green card application is approved. If you do leave, your application may be denied and you will have to reapply. There are some exceptions to this rule and you may get a special permission to leave the US for a short period of time in cases of emergency.

The Immigration and Nationality Act provides that the following people are considered “Immediate Relative”:

• Spouse of a US Citizen.
• Unmarried children under 21 who have at least one US Citizen Parent.
• Parents of US Citizen if the child is over 21.

General Information on Preference Relatives:
A US Citizen or Permanent Resident may file a green card application on behalf of a "Preference Relative". As opposed to an "Immediate Relative", a Preference Relative has to wait in line for his green card to become available. This is because there is a limit on the number of green cards that may be issued every year in the Preference Relative category. The Visa Bulletin indicates the waiting period for the Preference Relative Category and it is updated by the US Department of States on a monthly basis.

Once the waiting period is completed your relative, your green card application may be filed. This may be done by applying for an Immigrant Visa (if you are outside the US) OR for an Adjustment of Status (if you are in the US in another Status). When you apply for a green card, you may request a temporary work authorization. You must not leave the US until your green card application is approved. If you do leave your application may be denied and you will have to reapply. There are some exceptions to this rule and you may get a special permission to leave the US for a short period of time in cases of emergency. Except for marriage cases, an Immediate or Preference Relative does not normally required to attend a personal interview before his application is approved.

PREFERENCE RELATIVE
First Preference:
Unmarried children over 21 of a US Citizen.

Second Preference:
Spouse and Children under 21 of a Permanent Resident.
Unmarried children over 21 of a Permanent Resident.

Third Preference:
Married children of a US Citizen.

Forth Preference:
Brothers and Sisters of adult US Citizens.