Practice Areas

Family Based Immigration

Family Based Immigration Visa Lawyers

The U.S. has provisions for certain visa holders to bring dependents and other family member into the U.S. on accompanying visas. A lawful permanent resident or U.S. citizen may petition to bring certain relatives to the United States. The immigration visa lawyers at Garcia & Ramirez, P.C. can help family members obtain their desired visa.

To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:

• You must be a citizen or a lawful permanent resident of the United States
• You must prove that you can support your relative at 125% above the mandated poverty line.
• If you are a U.S. Citizen, you may petition for the following foreign national relatives to immigrate to the United States:
  • Husband or wife
  • Unmarried child under 21 years of age
  • Unmarried son or daughter over 21 years of age
  • Married son or daughter of any age
  • Brother or sister, if you are at least 21 years of age
  • Parent, if you are at least 21 years of age

The first step to obtaining a visa is to file a petition with the INS in the foreign national's behalf. The second step is the foreign national's application for permanent residence, which may be filed abroad at a U.S. consulate, or at the INS if the foreign national is lawfully present in the U.S.

Naturalization/Citizenship

There are generally two ways for a person to become a citizen of the United States. One can happen by operation of law, for example, birth in the United States or birth abroad to US citizens or nationals. Another is though a legal process called naturalization. The law also provides special derivative benefits for certain children whose parent or parents naturalize, in which situations citizenship is automatically conferred as a matter of law.

The Immigration and Nationality Act (INA) gives the attorney general the sole authority to naturalize persons in the United States. US Citizenship and Immigration Services(USCIS) administers the naturalization process. In order for a person to apply for naturalization they must submit an application for naturalization to the USCIS and must meet all of the statutory requirements for naturalization.

The INA sets forth several requirements for naturalization. In general, unless subject to exception, an applicant for naturalization must :

• be 18 years old;
• be lawfully admitted for permanent residence
• have five years continuous residence as a lawful permanent resident(LPR);
• have been physically present in the United States for at least half that time;
• have resided continuously in the United States from the date of the application up to the citizenship ceremony;
• have resided for at least three months in the USCIS district where the application is being filed;
• be a person of good moral character who is attached to the principles of the U.S. Constitution, and well-disposed to the good order and happiness of the United States;
• demonstrate basic literacy in the English language;
• demonstrate a knowledge of US civics and history
• take an oath of allegiance to the United States.

There are numerous exceptions to these general rules and each element requires a detailed review by an experienced naturalization immigration attorney.

Contact Us

The immigration visa lawyers at Garcia & Ramirez, P.C. offer assistance and representation to visa holders or citizens who would like to obtain family based immigration for qualified relatives. Our attorneys can also provide assistance with the naturalization process. Contact us and let us help you bring your family back together.