If you are a United States citizen, permanent resident, refugee, or Asylee, certain family members may apply for a family visa. Doraville family visa categories differ according to the status of the petitioner and the type of family member named on the application. As a petitioner, it is vital to understand each category and submit the appropriate documentation.
While you may be eager to begin the application process, the laws and regulations that apply to visa categories are complex. A family immigration attorney can help you understand your options and outline the process. To get started on discussing your case, call today.
Which Family Members Apply
First, the petitioner must be a US citizen or lawful permanent resident “LPR”. LPRs are green card holders. Additionally, individuals granted asylum or refugee status within the two years prior may petition for certain relatives. The type of permanent status an individual has will determine which family members that individual may petition for. Generally, these family members include spouses and children, but the intricacies of the Doraville family visa Categories are described below according to each category.
US citizens and LPRs may petition for their husband or wife. The individual with permanent status must submit Form I-130, Petition for Alien Relative. Additionally, if the individual with permanent status is engaged, they can seek permanent status by filing a fiancé visa.
The family visa application categories for children are dependent on whether the individual with permanent status is a U.S. citizen or a green card holder. U.S. citizens may petition for children both married and unmarried regardless of age. If the child is over 21 years of age, the child’s sons and daughters may also be included on the application.
Green card holders may petition for unmarried children regardless of age. Unmarried children may include their sons or daughters on the application. Married children may not be included on the petition. Green card holders cannot petition for their married sons and daughters.
U.S. citizens can petition for a parent to obtain a green card if the citizen is over 21 and the parent resides outside of the United States. Citizens may also seek to bring their adoptive or step-parents to the United States. Children born out of wedlock may seek to petition for their fathers to gain permanent status, but additional documentation is required. Green card holders cannot petition for their parents.
U.S. Citizens over 21 years of age can file a petition for their siblings to lawfully enter the United States. The provisions set forth in the Immigration and Nationality Act (INA) do not include permanent residence holders. Green card holders cannot petition for their siblings.
Special Rules for Asylees and Refugees
Asylees and Refugees who were granted status within the prior two years may submit applications for their spouses and children. The children must be both unmarried and under 21. Only the individual granted asylum or refugee status may petition. Those granted status through another family member may not petition.
Understand the Doraville Visa Categories
It is essential to understand which of your relatives may obtain permanent status. The Doraville family visa categories above summarize the basic rules outlined in the INA. However, the INA and associated regulations are more complex.
Get a better understanding of the Visa categories by consulting an attorney and reading the instructions outlined in each USCIS application. Understanding the categories is important, but the application process can be tedious and time-consuming. Our attorneys can give you the guidance you need to make informed decisions on the Visa process.