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What You Need To Know About Family-Based Immigration

At David F. Vedder, P.A., our attorneys have more than four decades of experience handling the most complex immigration cases. In total, we have helped over 12,000 clients. While we are located in Florida, we work with people throughout the country as well as internationally. When you need an experienced firm by your side, look no further.

Understanding Who Is Eligible To Come To The United States

Families face a unique set of circumstances. Our namesake attorney, David F. Vedder, is board certified in immigration and nationality law. This knowledge can benefit anyone who is having trouble with the legal system. If you have a spouse, children or parents overseas, we understand how important it is to bring them to the United States. If and when you want your loved ones to join you, we will do everything we can to make that happen.

Your status has a direct impact on which relatives may be eligible for immigration. In order to start this process, you must be a U.S. citizen, a green card holder or a refugee who was seeking asylum within the past two years. Then, it is possible to petition for your spouse, children, parents or siblings to come stateside. You can also do this for your fiancé, despite the fact that you are not yet married. This paperwork can be confusing. We can walk you through it and make the process as seamless as possible.

How To Get A Visa For A Spouse Or Fiancé

For a U.S. citizen married to a foreign national or planning to marry one, there are several options available for bringing them to the U.S. to live. Family-based visas are some of the most commonly used for spouses and fiancés.

There are two U.S. immigrant visas for spouses of U.S. citizens: IR1 and CR1. The IR1 is a marriage-based immigrant visa valid for 10 years and available to those who have been married to the citizen for two years or longer. Someone with an IR1 visa may apply for permanent resident status (also known as a “green card”) immediately once they arrive in the United States.

The CR1 is for those who have been married for less than two years. It is called a conditional visa because the non-citizen spouse must live in the U.S. for two years before they can receive green card status. Both IR1 and CR1 visas requires the U.S. citizen spouse to fill out Form I-130.

While your spouse is waiting for their IR1 or CR1 visa, they may be able to come to the U.S. on a K-3 nonimmigrant visa for spouses. This requires Form I-130 and Form I-129F to be filed in the country where the marriage took place. Finally, a fiancé of a U.S. citizen can be brought here to get married and live on a K-1 nonimmigrant visa. One of our immigration attorneys can help you and your spouse with the paperwork to avoid errors and delays.

How To Get A Visa For A Sibling

Brothers and sisters of a U.S. citizen are also eligible for green card status if the citizen is at least 21 years old. The immigrant F-4 visa allows foreign nationals to live in the U.S. based on their sibling relationship with a U.S. citizen. The petitioner citizen must fill out Form I-130 as part of the application. If eligible, the sibling may also be able to obtain F-4 visas for their spouse and children too.

How To Get A Visa For A Parent

The IR-5 visa can be used to bring your parents to the U.S., including stepparents and adoptive parents. As the petitioner, you must be a U.S. citizen and at least 21 years old. The documentation you must provide depends on whether your parent is your biological parent, whether they are your mother or father, and whether your parents were married when you were born. Again, you as the petitioner must fill out Form I-130 and provide other documentation, often a copy of your birth certificate and proof of your citizenship.

Don’t Wait To Get Started; Call Today

Many people run into roadblocks that they never saw coming in the immigration process. Having an attorney who will be honest and upfront with you is crucial. To learn more about your options, call our office in Daytona Beach at 386-675-0872 to schedule a consultation today. You can also email us by clicking here. We speak English, Spanish and Chinese.