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Help with Family-Based Immigration in San Diego

Do you live in the United Sates, but you still have family members living in another country? Are you wondering if and how they may come to the U.S. based on your family relationship? Perhaps you’ve married a person from another country, or you, yourself, are from another country and you’ve married a U.S. citizen—what visas apply to married couples? At Banker’s Hill Law Firm, A.P.C. in San Diego, we handle all types of family-based immigration cases, from answering your questions to filing necessary petitions and documents to assisting clients in immigration interviews and hearings. With a knowledgeable immigration law attorney on your side, you have the best chance possible of moving through the immigration process smoothly and quickly.

Family-Based Immigration in the United States

Under the U.S. Immigration and Nationality Act (INA), there are two groups of family-based immigration visa categories—immediate relatives and family preference. Immediate relative immigrant visas are based on a close family relationship with a U.S. citizen described as an immediate relative, while family preference immigrant visas are for specific, more distant, family relationships with a U.S. citizen, as well as some specified relationships with a Lawful Permanent Resident. There is no limit on the number of immediate relative visas issued each year, but there are limitations on family preference visas.

Sponsoring a Relative for Family-Based Immigration Visa

The immediate relative visa types are: spouse of a U.S. citizen (IR-1); unmarried child under 21 (IR-2); orphan adopted abroad by a U.S. citizen (IR-3); orphan to be adopted in the U.S. by a U.S. citizen (IR-4); and parent of a U.S. citizen who is at least 21 years old. Family preference relationships include: unmarried sons and daughters of U.S. citizens and their minor children; spouses; minor children; and unmarried sons and daughters (age 21 and over) of Lawful Permanent Residents; married sons and daughters of U.S. citizens and their spouses and minor children; and 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).

For any of the above relationships, the first step to obtaining a family-based immigration visa is for a sponsoring relative to file a Petition for Alien Relative with the Department of Homeland Security, U.S. Citizenship and Immigration Services. In addition to the Petition for Alien Relative, an Affidavit of Support is required for an immigrant visa for a spouse and other relatives of U.S. sponsors. As a U.S. sponsor, you must maintain your principal residence in the United States.

Further Steps for Family-Based Immigration

After a petition is approved, it is sent to the National Visa Center and assigned a case number. Next come fees, immigrant visa documents, application forms, civil documents, and more. Submitting all the required documentation and forms requires diligence. Finally, the applicant will need to complete a medical examination and visa interview. All the steps for family-based immigration can seem overwhelming, but you don’t have to be overwhelmed with the help and guidance of an experienced immigration law attorney.

E-2 Visa

The E-2 non immigrant classification allows nationals of treaty countries only (there is a list of countries with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount (amount varies depending on business and U.S. Embassy) of capital (inventory, cash, tools, equipment, etc) in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification, as well as family members. 

Visa EB-5

USCIS administers the EB-5 program. This program is labeled EB-5 due to the fifth-preference category for obtaining permanent residency through investment capital. Under this program, the investors (and their spouses and minor sons under 21 years of age) are eligible to solicit Permanent Residency if:

  • EB-5 investor must invest the required amount of capital in a new commercial enterprise:
  • The minimum qualifying investment in the United States is $1 million.
  • Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
  • Will create full-time positions for at least 10 qualifying​
  • Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

Upon approval, investors receive permanent residency, and following, obtain U.S. Citizenship. 

Many of the steps for family-based immigration can seem overwhelming, but you don’t have to be overwhelmed with the help and guidance of an experienced immigration law attorney.

 

 

Call a knowledgable law attorney today: (619) 230-0330.

Call Banker’s Hill Law Firm, A.P.C. for Help with Family-Based Immigration

Don’t struggle through the family-based immigration system on your own. Please contact Banker’s Hill Law Firm, A.P.C. for advice and representation. Our San Diego-based immigration attorneys represent clients worldwide.

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