Family-Based Visas
Introduction
One of the most common ways to obtain the commonly known as a green card or U.S. Permanent Residency is through a family petition. The family member may be a Legal Permanent Resident (“LPR”) or a U.S. citizen (“USC”). The length of time with respect to the approval of the petition depends whether the petitioner is LPR or USC. There are two groups of family-based immigrant visa categories, one is the immediate relatives and the other includes family preference categories.
Immediate Relative Immigrant Visas (Unlimited)
These visa types are based on a close family relationship with a United States (U.S.) citizen. There is no numerical limitations. Immediate relative visa types include: Spouse of a U.S. Citizen; Unmarried Child Under 21 Years of Age of a U.S. Citizen; Orphan adopted abroad by a U.S. Citizen; Orphan to be adopted in the U.S. by a U.S. citizen; and Parent of a U.S. Citizen who is at least 21 years old.
Family Preference Immigrant Visas
These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants. The family preference categories are: Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400); Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200); Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400); Family Fourth Preference (F4): 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. (65,000). Some relatives cannot file a petition, these are: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.
About Notario Fraud
The American Bar Association (“ABA”) which “promotes the best quality legal education, promote competence, ethical conduct and professionalism, and promote pro bono and public service by the legal profession,” is educating people to prevent them to be victims of misrepresentation by the known “notaries.” ABA stated that: “Individuals who represent themselves as qualified to offer legal advice or services concerning immigration or other matters of law, who have no such qualification, routinely victimize members of immigration communities. Such representations can include false statements that: The individual is an attorney, or abogado; the individual is authorized to represent immigrants before the United States Citizenship and Immigration Service (“USCIS”), or before immigration courts; the individual is qualified to assist in preparing a will, corporate document or other legal paperwork; the individual is a legal assistant; the individual has a court license; or the individual is a notario publico. See available at https://www.americanbar.org/groups/public_interest/immigration/projects_initiatives/fight-notario-fraud/about_notario_fraud/
