Family Visas – I-130 & I 485

If you have an immediate family member who would like to enter the U.S. as a Lawful Permanent Resident (Green Card holder), there are several options depending on the relationship. In addition, if that immediate family member has already lawfully entered the U.S., they may be eligible to apply for Adjustment of Status, which allows them to stay here during the entire period that the application is pending up through their interview.

To be eligible as an immediate relative, you must be a:

  • Spouse of a U.S. Citizen
  • Parent of a U.S. Citizen (who is over 21 years of age)
  • Child of a U.S. Citizen (who is under 21 and unmarried)

If you are not related in a manner indicated above, you may still apply as an immediate relative, but there will be a waiting list based on a numeric system created by U.S. Customs and Immigration Services, and your relative may have to wait in their home country for the application to be approved, after which they will be interviewed at the U.S. Consulate where they reside. This system also applies to immediate relatives who are overseas when their Petitioner spouse or family member applies for them from the U.S.

For family members of Green Card holders, the same application applies, but they will fall into a preference category which determines when their application will be reviewed. They may only apply for Adjustment of Status if they are in the U.S. when their visa number becomes available. Otherwise, they must return to their home country (or remain there) after any lawful travel to the U.S., after which their application will be reviewed at the appropriate U.S. Consulate in their home country.

Speak with a Pasco County Family Immigration Attorney

Our experienced immigration attorney can help you avoid any of the many complications which can arise during the process and ensure that all required documents are submitted to prevent delays. Pawuk & Pawuk serves clients in Pasco County, Florida and throughout the surrounding communities. Contact us to request a consultation about your immigration matter.

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