Charlotte Immigration Attorney

(704) 644-7065

(800) 603-6340

Family Based Immigration

Family based immigration

Our immigration law firm works to help Charlotte NC residents with all matters regarding family based immigration. In order to file a family based immigration petition for your relative, your status must fall under one of the following family based immigration categories:

  • U.S. citizen,
  • A lawful permanent resident, or
  • Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years

Family based immigration petitions by U.S. citizens

A United States citizen may file immigrant petitions for the following relatives:

  • Husband or Wife (including same-sex spouse)
  • Children; including Step-children, as long as the U.S. Citizen married the child’s father or mother before the child reached 18 years of age.
  • Parents; including Step-parents, as long as the father or mother of the U.S. Citizen married the step-parent when the U.S. Citizen was still under 18 years of age.  Note:  The U.S. Citizen must be at least 21 years old to petition for a parent or stepparent.
  • Brother or Sister, at any time after the U.S. Citizen reached 21 years of age. The Beneficiary’s spouse and children under 21 years of age are also included in the petition.

Spouses of U.S. Citizens, children under 21 years of age, and parents, are considered “Immediate Relatives”; therefore, there is no waiting list.  Other relatives (brother, married son or daughter, son or daughter over 21) are given a “Priority Date” the moment the petition is received by US Citizenship and Immigration Services.  The beneficiary will have to wait for an Immigrant Visa to become available.  Check the monthly Visa Bulletin

Family based immigration petitions by permanent residents

A legal Permanent Resident may file a petition for the following family members:

  • Husband or Wife (including same-sex spouse)
  • Unmarried son, daughter, or step-child.  In order for a Permanent Resident to file for a step-child, he or she must have married the child’s parent before the child turned 18 years of age.
  • Relatives of a permanent resident are given a priority date the moment the petition is received by US Citizenship and Immigration Services.  The beneficiary will have to wait for an Immigrant Visa to be available.  You can check the monthly Visa Bulletin by visiting the following link:  http://travel.state.gov/visa/bulletin/bulletin_1360.html

U.S. Citizens and Lawful Permanent residents use form I-130 to petition their relatives.  Form I-130 and instructions may be found at www.USCIS.gov/forms

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing.

For more information about the process and requirements to petition your relative, call us at 704-644-7065 to schedule a consultation or email us at info@pardolawfirm.com

Issue:  I was just granted asylum in the U.S., can I bring my children to the U.S.?  Yes.  See below.

Family based immigration petitions by asylees or refugees

You May Petition for the Following Family Members:

  • Spouse
  • Child (unmarried and under 21 when you first applied for asylum or refugee status)

Eligibility Criteria

As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.

You entered the United States as a refugee within the past 2 years or were granted asylum within the past 2 years.

You remain in refugee or asylee status or have become a permanent resident (received a green card). If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States. See the “Family of U.S. Citizens” link to the left for more information.

The family relationship had to exist before you came to the United States as a refugee or were granted asylum: If you want to file for your spouse, you had to be married before you entered as a refugee or were granted asylum.

Your child had to be conceived (this means the mother was already pregnant) or born before you entered as a refugee or were granted asylum.

For more information on refugees and asylees, contact our Charlotte immigration law office at (704) 644-7065 to schedule a consultation or email us at info@pardolawfirm.com

DISCLAIMER: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you need to schedule a consultation or to hire the attorney for your immigration case, call our Charlotte immigration law office at (704) 644-7065.

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