Family-Based Green Card FAQ

Family-based immigration is a common route to obtaining lawful immigration status in the United States. At Rifkin & Fox-Isicoff, P.A., we understand the emotional and legal complexities involved in reuniting families and pursuing green cards through marriage. Our immigration lawyers work diligently to help family members secure green cards. With offices in Miami and Lima, Peru, we offer worldwide representation from Florida board-certified specialists who are leaders in the immigration field.

Family Petitions: Frequently Asked Questions

Navigating the path through family-based immigration can raise many questions. Below, we address some of the most common.

Which relatives qualify for family-based immigration?

It depends on the status of the person sponsoring them. U.S. citizens can file green card petitions for their children, spouses, parents and siblings, provided they meet certain criteria. Lawful permanent residents (green card holders) can sponsor their spouses and children. U.S. citizens can also sponsor their soon-to-be spouses through a K-1 fiancé visa, which leads to a marriage-based conditional green card.

What is the American permanent residence definition under U.S. immigration law?

Lawful permanent residence – also known as a green card – is the legal ability to live and seek employment in the U.S. indefinitely, with certain conditions.

What are the differences between American citizenship and permanent residence?

Permanent residents can live in the U.S. on a permanent basis, pursue employment, travel in and out of the country with some restrictions, and access certain public benefits. However, they cannot vote in federal elections and are subject to removal (deportation) and loss of their status under certain conditions.

U.S. citizens have the right to vote, are eligible for a U.S. passport and cannot be deported or lose their legal status. Citizenship can be acquired by birth or through naturalization.

How do I prepare for a family-based immigration interview?

Understanding how to prepare for a family-based immigration interview is key. Gather all necessary documents, such as proof of relationship and legal status. Practice answering potential questions about your relationship and background. Be honest and concise in your responses. Our attorneys can help prepare you thoroughly for this crucial step.

How long does family-based immigration take?

The time varies significantly based on the relationship between the sponsor and the beneficiary, the country of origin, and current U.S. Citizenship and Immigration Services (USCIS) processing times. Immediate relative applications typically process faster than those in family preference categories, which can take several years due to annual caps and backlogs.