Minnesota Family Based Immigration Attorney

Family Based Immigration

Certain family members who are non-U.S. citizens but whose relatives are U.S. citizens may apply for a family-based immigration visa. This category also applies to legal permanent residents who hold a Green Card and who have family members who qualify to apply for a family-based immigration visa.

There are distinctions between Green Card holders and U.S. citizens insofar as who of their family qualify. U.S. citizens can sponsor siblings, children, parents, and spouses. Green Card holders are able to sponsor children or spouses for the family-based immigration visa. The law firm of Tarshish Cody PLC can provide a free initial consultation, just call 952-361-5556.

A qualified relative may submit a petition to file an application for an immigrant visa or Green Card. This family-based visa program has two general categories: limited, and unlimited.

Unlimited Family-Based

A category for immediate relatives of U.S. citizens are categorized as Unlimited. Those include the unmarried children under age 21, and parent for a U.S. citizen aged at least 21 years. The category also includes a U.S. citizen’s spouse or widow{er}.

Limited Family-Based

The Limited family-based categories have annual quotas and are sub-categorized into four groups.

The F1 is the Family-based First Preference group, with an annual quota of 23,400, for unmarried daughters and sons of U.S. citizens, as well as their children.

The F2 group is the Family-based Second Preference group with a 114,200 annual quota. A minimum of 77 percent of available visas will be awarded to spouses and children, with the balance assigned to unmarried sons and daughters.

The F3 group is the Family-based Third Preference group with an annual quote of 23,400. This group is reserved for married daughters and sons of U.S. citizens.

The F4 group is the Family-based Fourth Preference group and has an annual quota of 65,000. This group is reserved for the children and spouses of U.S. citizens who have reached the age of 21 or higher.

The law firm of Tarhsish Cody PLC can explain the Family-based visa applicant and assist in filing. Call and speak to one of our attorneys now at 952-361-5556.

A U.S. citizen or Green Card holder must petition an immigrant petition to the governing USCIS office for his/her area.  Upon approval of the petition notice of approval is delivered to the petitioner an the U.S. Department of State, and the State Department will inform the designed immigrant[s} with additional information.

Visa Ineligibility / Waiver

There are certain applicants who are deemed ineligible to be issued a visa. Those ineligible include applicants who have certain communicable diseases, such as tuberculosis. Others ineligible are applicants with a dangerous physical or mental disorder, including drug addicts. Those applicants are ineligible who have been guilty of criminal acts, such as terrorism, subversion; applicants who were members of a totalitarian party, or former Nazi war criminals. Those applicants who have illegally entered the U.S. or for any reason are ineligible for U.S. citizenship.

Certain former J1 exchange visitors must first live outside the U.S. for at least two years. Also physicians who expect to practice medicine in the U.S. must pass a physician’s qualifying exam prior to receiving an immigrant visa.

In the event of any applicant who is found ineligible, a consular officer will provide the applicant advice about any waiver that may apply. Tarshish Cody PLC’s family-based immigration attorneys will schedule a free initial consultation, just call 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your family based immigration case.

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