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Family Petitions Residents of the US as LPR's or USC's are entitled to certain statutory benefits under the INA regarding their rights to request, or petition, the government to allow their family member to be allowed to be admitted as a Legal Permanent Resident. This is the only way to legally request for a family member to move to the US permanently.
Family Based Preference Categories The family members that will benefit from the petition or request of their family member in the United States are called beneficiaries. The beneficary is assigned a preference category based on the type of relationship they have with the resident, as well as the status of the resident petitioner. The period of time that it will take for the beneficiary to be admitted into the US will depend on the categary they are placed into and the date of the petition when it was received by the USCIS from your family member.
The Visa Bulletin This publication is published monthly by the Department of State and includes dates known as priority dates. These priority dates are critical for determining when to seek admission into the US. The date that USCIS received your family member's petition is called the priority date of the application. This is the date that is in the Visa Bulletin.
Numerical Limits to Visa Categories The INA also sets annual limits on the types of visas that can be issued yearly. There are some preference categories that are not subject to the annual limits. If your visa category as the beneficiary is not subject to an annual limit then you may seek admission into the US as soon as the petition is approved by the USCIS.
United States' Citizens' Petitions Petitions submitted by USC's for certain immediate family members are not subject to the annual numerical limits. The spouses, parents, and children of USC's are not subject to this annual limit. Other members of the family are either not eligible or subject to numerical limits.
Legal Permanent Residents' Petitions All petitions submitted by LPR's are subject to numerical limitations. The time period required for processing applications varies depending on the preference category of the beneficiary and the number of visa allotted to their country of origin. EB-5 visas do not have country limits. E2 Investor visas are allowed unlimited renewals, but are not immigrant visas. However, a petition can be upgraded once a LPR or green card holder becomes a citizen after naturalization. If their american child is 21 or over they could then file a petition. CUBANS ALSO GET DISTINCT PRIVILEGES UNDER THE CUBAN ADJUSTMENT ACT AND CUBAN FAMILY REUNIFICATION PROGRAM.
Schedule a consultation and ask about adjusting your status if you have been in the country for more than one year paroled as a Cuban or your spouse or parent was inspected by Customs and Border Protection and then overstayed a visa. They can adjust their status without leaving the United States. Waivers for unlawful presence may be available.
Need to get married?
Already got married overseas?
Please consult an attorney as we can assist you with building the evidence needed to overcome the burdens or proof placed on every applicant.
-90 day rule (formerly 30/60 day rule) if married on a tourist visa or another non-immigrant based visa can be troublesome for your petiton
- Have you seen your spouse or fiance in person?
- Have all prior marriages ended?
- Will you be married within 90 days of your fiance's arrival?
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