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American Dream Law Office PLLC

Firm Overview

Know Which Family-Based Immigrant Visa Options to Discuss with Your Pinellas Park, FL Immigration Attorney

Family based immigrant visas are divided into two categories under United States immigration law. These two categories are immediate relatives and family preference. An experienced Pinellas Park immigration attorney is needed to advise you on which category is appropriate for your situation. Immediate relative immigrant visas are not limited in quantity and are determined by close genetic or familial relation to a U.S. citizen. Immediate relative visas include:

  • IR-1: the spouse of a U.S. citizen
  • IR-2: unmarried children of a U.S. citizen who are minors or under 21
  • IR-3: orphans who were adopted abroad by a U.S. citizen
  • IR-4: orphans who will be adopted by a U.S. citizen
  • IR-5: parents of a U.S. citizen who is over 21

Family preference visas are limited to only a certain quantity per year. These visas are used for more distant relatives of a U.S. citizen or a lawful permanent resident. The family preference visa categories include:

  • F1: unmarried sons and daughters of U.S. citizens and also their minor children, if applicable
  • F2: spouses and minor children of lawful permanent residents over 21
  • F3: married adult children of U.S. citizens, including the spouses and minor children of those who have them
  • F4: siblings of a U.S. citizen over 21, including their spouses and minor children

More distant relatives, such as grandparents, are not legally allowed to sponsor a relative for immigration into the United States. It is always absolutely necessary to work closely with a skilled immigration attorney in Pinellas Park, FL.

Visa Limitations

When the number of qualified applicants for a limited visa category exceeds the quantity of available immigrant visas in that category, a waiting period will be necessary. The available immigrant visas will be issued in the order in which their petitions were filed, according to their priority dates. A visa legally cannot be issued until its priority date has been reached. In certain categories, there can be a waiting period of multiple years before the priority date can be reached. Consulting your immigration attorney in Pinellas Park, FL is the most reliable way to check on priority dates.

Returning Residents and Immigrant Visas

When a lawful permanent resident has remained outside the U.S. for longer one year, he or she is required to obtain a new immigrant visa before re-entering the country and resuming their permanent resident status. There is a provision allowing the issuance of a special immigrant visa for a resident who was kept outside the United States due to circumstances beyond their control. If you are worried about international travel and obtaining a returning resident immigrant visa, you should discuss your situation with your Pinellas Park, FL immigration attorney.

Employment Based Visa Options for Discussion with Your Pinellas Park, FL Immigration Attorney

Before you may be granted the right to employment in the U.S., as a citizen of a foreign country, you are required to be granted an employment visa. This visa will provide you entry to the country. An immigration attorney in Pinellas Park, FL can help you choose on which type of employment visa you need.

Obtaining your visa does not automatically grant you entry. It does mean that a consular officer has pre-determined that you are eligible to seek entry for whichever purpose has been listed on your visa. There are five types of U.S. employment visas to consider discussing with your Pinellas Park, FL immigration attorney:

  • EB-1: foreign nationals with extraordinary ability in sciences, arts, education, business, or athletics, such as professors, researchers, and worldwide business executives
  • EB2: foreign members of professions who either hold advanced degrees or have shown exceptional abilities in their advanced career field
  • EB3: foreign nationals who are considered either skilled workers or professionals
  • EB4: special immigrants, including religious leaders, abused or neglected minors, and retired employees of particular international organizations
  • EB5: foreign investors who have already invested or plan to invest at least one million dollars in the future into a new business venture that will stimulate the U.S. economy and create 10 or more full-time job positions

It is a real possibility to become a permanent resident of the United States through the obtainment of an employment visa. Certain categories of employment visas, however, do require certification from the U.S. Department of Labor. This is meant to show that there are no U.S. workers who are willing, qualified, or available within the geographical area where the immigrant plans to work, and that a qualified American worker was not overlooked in favor of a foreign worker. Immigration law provides foreign nationals with several ways to obtain a green card through their period of employment in the United States. You should always discuss all of your options with your immigration attorney in Pinellas Park, FL.

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