Family-Based Petitions
Family-based petitions are at the heart of American immigration policy, and also at the heart of our firm.
In every family-based petition there is a petitioner and a beneficiary. The petitioner is the U.S. citizen or green card holder who is petitioning for his/her foreign relative to receive a green card (or fiancé visa). The beneficiary is the foreign relative receiving the green card.
There are two types of family-based petitions, and number of categories that fall under each.
1. Immediate Relative Categories:
spouses of U.S. citizens
unmarried children under 21 of U.S. citizens
orphans adopted abroad
orphans to be adopted in the U.S., by U.S. citizens
parents of U.S. citizens who are at least 21 years old
2. Family Preference Categories:
unmarried sons and daughters of U.S. citizens, their spouses and their children
spouses, minor children and unmarried sons and daughters over 21 of LPRs (lawful permanent residents)
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 old
What is the main difference between the two? There is no limit to the number of green cards the USCIS grants in a year to petitions of Immediate Relative Categories. But there is a limit to how many people can become lawful permanent residents through the Family Preference Categories. USCIS has caps for each category and can only grant a specific number of each in one year. As a result, wait times for family preference categories are generally much longer than for immediate relative categories.
Relatives that can’t be petitioned for in either category include grandparents, aunts, uncles, and cousins.
Contact Martinez Immigration Law PLLC for a free consultation. We can help guide you along your family’s path to citizenship.
“Michael Martinez has been our immigration attorney for more than 6 years now. I first asked Michael to represent us with the fiancé visa. He handled the process effectively and efficiently. He was always able to be reached. I could reach out with any questions and he helped us through the process like the expert that he is.
When the time came for the marriage here in the States and go forward with the green card applications he was our only call. He helped us through the nightmare government red tape and now is again working for the renewal of the green cards. He regularly communicates and is always available for me to call and he responds back quickly when he is not available.
Over the years Michael has became more than just our attorney he has became a family friend. I have recommended Martinez Immigration Law services to others and will continue to do so.
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