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Family based immigrant visa categories are split into two categories under the provisions of United States immigration law. These categories are immediate relatives and family preference categories. An experienced Dorchester immigration attorney should advise you on which category is the appropriate one to apply for. Immediate relative immigrant visas are not limited to a certain quantity and are based upon close familial relationships with U.S. citizens who are immediate relatives. Immediate relative visa options include:

• IR-1: for the spouse of a U.S. citizen
• IR-2: for unmarried children of a U.S. citizen who are under 21 years of age
• IR-3: for orphans adopted abroad by a U.S. citizen
• IR-4: for orphans who are to be adopted in the U.S. by a U.S. citizen
• IR-5: for the parents of a U.S. citizen who is 21 or older

Family preference visas, on the other hand, are limited to a certain quantity each year. These visas are for more distant relatives of U.S. citizens and for some of the relatives of a lawful permanent resident. The family preference visa categories are:

• F1: Family first preference: includes unmarried sons and daughters of U.S. citizens and their minor children.
• F2: Family second preference: includes spouses, minor children, and unmarried adult children of lawful permanent residents, of age 21 and older. Seventy-seven percent of all F1 visas must go to the spouses and children. Only the remainder is allocated to unmarried adult children.
• F3: Family third preference: includes married adult children of U.S. citizens, their spouses, and their minor children.
• F4: Family fourth preference: includes siblings of U.S. citizens over the age of 21, their spouses, and their minor children.

Distant relatives such as grandparents, aunts, uncles, and cousins are not permitted to sponsor a relative for immigration into the United States. It is always incredibly important to work closely with a reputable immigration attorney in Dorchester, MA.

Limitations On Visas

If the number of qualified applicants for a certain visa category exceeds the number of available immigrant visas, there will be a waiting period. In this very common situation, the available immigrant visas will eventually be issued in the chronological order in which their petitions were filed, using their priority dates. A visa cannot be issued until the priority date has been reached. In some categories, there can be a waiting period of several years before this priority date will be reached. Checking the visa bulletin or consulting with your trusted immigration attorney in Dorchester, MA is the most reliable way to find out the latest priority dates.

Immigrant Visas For Returning Residents

A lawful permanent resident who has stayed outside of the U.S. for longer than twelve months is required to obtain a new immigrant visa in order to re-enter the United States and resume their permanent resident status. There is, however, a provision under the law allowing the issuance of a special immigrant visa to a returning resident who stayed outside of the United States due to circumstances outside their control. If you are concerned about international travel and your returning resident immigrant visa, it is best to review your situation with your Dorchester, MA immigration attorney.

Before gaining the ability to work in the U.S., a citizen of a foreign country is required to be granted a U.S. employment visa. This visa will provide entry to the U.S. An immigration attorney in Dorchester, MA can help you make the decision on which type of employment visa you should apply for.

Simply obtaining a visa does not automatically grant you entry to the U.S. It does, however, prove that a consular officer has pre-determined that you are eligible to seek entry to the country for the purposes that have been listed on your visa. There are five types of U.S. employment visa, the requirements of which you should discuss with your Dorchester, MA immigration attorney.

• EB-1: reserved for foreign nationals who show extraordinary ability in the sciences, arts, education, business, or athletics such as outstanding professors, researchers, and certain worldwide business managers and executives.
• EB2: reserved for foreign members of professions holding advanced degrees or who have shown exceptional abilities in their career field.
• EB3: reserved for foreign nationals who are skilled workers or professionals.
• EB4: reserved for special immigrants, like religious leaders, abused minors, and the retired employees of specific international organizations.
• EB5: reserved for foreign investors who have invested or plan to invest at least one million dollars in a new business that will benefit the U.S. economy and create 10 or more full-time jobs.

It is possible to become a permanent resident of the United States through an employment visa. Some categories of visas, however, will require certification from the U.S. Department of Labor, showing that there are aren’t any U.S. workers who are willing, qualified, or available in the area where the immigrant plans to work, and that no qualified American worker will be looked over in favor of the foreign worker. US immigration law provides foreign nationals with multiple ways to eventually obtain a green card through their time of employment in the United States. You should discuss all of these options with your immigration attorney in Dorchester, MA.

Patrick Long Law Firm

Patrick N. Long is a passionate advocate for people who need help with immigration matters, including:

• Removal defense (deportation defense)
• Family immigration
• Immigration related family law matters
• Immigration criminal law matters

No matter what kind of immigration issue you or your family member is facing, Patrick Long Law Firm is here to assist you. Attorney Long will fight hard for you and will not give up on your case just because it poses a challenge. Please Call Patrick Long Law Firm today and see how we can defend you from deportation or criminal charges, or represent you in your family law battles. Let us guide you through the immigration process with dignity and respect.