Under the Immigration and Nationality Act (INA), two types of immigrant visas (commonly referred to as green cards) are available for qualifying family members of U.S. citizens or permanent residents:
Immediate Relative category
These visas are available for U.S. citizens’ close family members, which include:
- Spouse of a U.S. citizen
- Unmarried children under 21 years old of a U.S. citizen, including adopted children
- Parent of a U.S. citizen who is at least 21 years old
The number of visas available under this category is not limited in each given year, meaning that your application can be filed at any time if you fall under this category. If you are in the United States, you may concurrently filed Form I-485 along with the Form I-130 petition filed by your U.S. citizen sponsor/family member if you qualify.
Family preference categories
These visas are available for more distant family members of both U.S. citizens and lawful permanent residents (LPRs), including:
- Unmarried sons or daughters (over the age of 21) of U.S. citizen, and their children
- Spouses, minor children, and unmarried sons or daughters over the age of 21 of Permanent Residents
- Married sons or daughters (over the age of 21) of U.S. citizens, and their spouses and minor children
- Siblings of U.S. citizens, and their spouses and minor children. The U.S. citizen sponsor must be over 21 years of age.
There are annual limits on the number of visas that can be issued for those who fall under this category. Your sponsor must first file the Form I-130, and then wait for your priority date to be current to file the Form I-485 if you are in the United States.
Process of obtaining a family based immigrant visa
Sponsoring family member files a Form I-130, Petition for Alien Relative. If you are in the United States and are an immediate relative or your priority date is current, you may also file Form I-485, Application to Register Permanent Residence or Adjust Status. A medical examination by a doctor approved by the USCIS must be submitted as part of the application process. USCIS will schedule a Biometrics appointment for applicants between ages of 14 and 79. Finally, you will receive a written notice to attend an interview at your local USCIS office. You will need to bring the documents requested in the interview notice you receive in the mail. An attorney can accompany you to the interview.
What we offer
At Reddy & Neumann, we offer hassle-free fee structures tailored to your specific needs. Our team of experienced attorneys and staff can handle your case from beginning to end, literally, with a one-time, all-inclusive fee that will allow you to focus on other important matters in your life. Below are examples of what’s included in our all-inclusive service:
- Filing the I-130 petition and I-485 application;
- Submitting additional requests to USCIS, including the address change form;
- Getting you a work authorization and travel document during the pendency of your case;
- Responding to a Request for Evidence;
- Preparing you for your visa interview;
- Attending your visa interview.
You also have the option to hire us to handle any specific stage of your case. Please do not hesitate to contact us at any time regarding the details.
Dependent Family Members
Reddy & Neumann’s established immigration practice partners with Legal and HR Teams in order to provide top-notch client service and administration of work related visas and Permanent Resident petitions for an employer’s current employees, new hires, and their families. Reddy & Neumann handles the drafting and filing of employee’s spouse and dependent children’s’ documents and related petitions, including:
- Dependents of E visa holders
- Change of Status to F-1 for older dependent children attending college
- H-4 Extension of Stay for dependents of H-1B visa holders
- H-4 EAD for spouse
- L-2 Extension of Stay for dependents of L-1 visa holders
- L-2 EAD for spouse
- O-3 Extension of Stay for dependents of O-1 visa holders
- Dependents of TN visa holders
- Derivative Adjustment of Status for spouse and dependent children
- Derivative Employment Authorization and Advance Parole
If you are in need of a US work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration attorney office directly at 713-953-7787, or schedule a consultation.