Family Based Green Card
If you are in lawful status in the U.S. (such as on a visa) or protected under INA
Curious what the difference is between family based vs employment based green cards? Learn more here or contact Los Angeles Legal advocates and let us determine what the right process is for your immigration case.
Ways you can immigrate to the US
Outside of humanitarian visas, there are two main ways for people to immigrate to the United States – family based and employment based green cards. Read on to learn about both and see which avenue is right for you or your loved ones.
Family Based Immigrant Visas
A foreign national may be petitioned by a family member for the purposes of obtaining a green card. There are two types of family based petitions, Immediate Relative Petitions and those subject to the visa bulletin waiting periods.
Immediate relatives include unmarried children under the age of 21, spouses, and parents of United States citizens. Immediate relatives are not subject to any waiting periods or numerical limitations. Eligibility for an immediate relative petition does not automatically transfer into eligibility for a green card. Therefore a consultation with an experienced attorney from LA Legal Advocates is recommendable to determine full eligibility for benefits.
All other classification for family based petitions fall under the visa bulletin. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.
The visa bulletin is divided under four preferences of different family classifications:
Employment Based Immigrant Visas
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
EB-1: Preference category consists of (1) persons of extraordinary ability, (2) outstanding professors and researchers and (3) executives and managers of multinational employers.
EB-2: Preference category consists of (1) persons of exceptional ability and (2) persons holding advanced degrees or its equivalent.
EB-3: Preference category consists of (1) professionals, (2) skilled workers (3) unskilled workers.
EB-4: Preference category consists of religious workers and other special immigrants
EB-5: Preference category consists of investors
If you are in lawful status in the U.S. (such as on a visa) or protected under INA
If a petitioning and beneficiary spouse has been married for less than two years at the time their
To apply for a marriage based green card you may be required to file some of the following
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