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Family Immigration

 
  • Spouses
  • Parents
  • Children
  • Siblings

The Mathews & Peddibhotla Law Group has extensive experience in successfully bringing foreign family members to the U.S. through its Family Based Immigration practice.

U.S. Citizens and Lawful Permanent Residents (LPR’s) can sponsor certain family members to immigrate (become a permanent resident) to the U.S. "Family-based" green cards are only available to qualifying family members. The availability depends on whether the relative in the United States is a U.S. citizen or a Lawful Permanent Resident and the type of family relationship with the foreign relative.

U.S. Immigration law divides foreign relatives into two groups: Immediate Relatives and Preference Category Relatives.

Immediate Relatives 
Visas for Immediate Relative are immediately available and there is no limit on the number given each year which means that your family member does not need to wait in line for a visa. 

Immediate Relatives include:

  1. Spouse of a U.S. Citizen
  2. Child of a U.S. Citizen (Under 21 and unmarried)
  3. Parent of a U.S. Citizen who is at least 21 years old

Preference Category Relatives 
There are a limited number of visa numbers available in each preference category. For this reason some categories have wait times for available visas of more than 10 years

This category includes:

  • Unmarried sons and daughters of U.S. citizens
  • Spouses and unmarried children under 21 years old of lawful permanent residents
  • Unmarried Sons and Daughters (21 years of age or older).
  • Married sons and daughters of U.S. citizens, and their spouses and minor children.
  • Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.

The Petition Process:

Sponsored family members can either:

  • Adjust Status to Permanent Residence if they have a lawful admission and are in the U.S.; or
  • Consular Process for an Immigrant Visa and then enter the U.S. as Permanent Residents.

Fiances and Spouses Spouses of U.S. Citizens who are outside of the U.S. have 3 options for immigrating to the U.S.:

  1. Immigrant Visa Petition
  2. K-1 Fiance Non-Immigrant Visa Petition and Adjustment of Status once in the U.S.;
  3. K-3 Spouse Non-Immigrant Visa Petition and Adjustment of Status once in the U.S.

Affidavit of Support
U.S. Immigrations Laws require evidence that the intending immigrant will not become a "public charge." This requirement is typically satisfied by the filing of an Affidavit of Support by the petitioning U.S. Citizen or LPR backed by evidence that the Petitioner can support the intending immigrant above the poverty guidelines. In some instance, a co-sponsor(s) may be required. 

Contact us today for a consultation.



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39899 Balentine Drive, Suite 380, Newark, CA 94560
| Phone: 510-498-1949

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