San Francisco Spouse Visa Immigration Attorney

Family-based immigration refers to when a U.S. citizen or lawful permanent resident (i.e. green card holder) uses their status to help their family member immigrate to the United States. While this type of immigration is common, it isn’t always easy, and it may take many months or years to complete.

At Harrison Law Office, P.C., our family-based immigration lawyer in San Francisco has many years of experience helping family members reunite in the United States. Attorney Harrison works tirelessly to help minimize or eliminate the time that family members need to spend apart. Furthermore, our firm offers services in multiple languages for our non-English speaking clients. In short, we want you to feel welcome and taken care of as we fight for your future.

Understanding the Family-Based Visa Process

While some types of immigration allow a person to apply for a green card by themselves, family-based immigration requires a U.S. citizen or permanent resident to file an immigrant petition on their foreign-citizen family member’s behalf. This is the very first step of the immigration process.

A U.S. citizen may file a petition for their:

• Spouse;
• Fiancé(e);
• Child;
• Parent (if the U.S. citizen is 21 or older); or
• Sibling (if the U.S. citizen is 21 or older).

The immediate relatives of U.S. citizens have the highest level of priority and, as such, don’t need to wait for a visa to become available before applying for a green card. Immediate relatives include the U.S. citizen’s spouse, their unmarried children under 21, and, if the U.S. citizen is 21 or older, their parents.

A permanent resident has fewer options than U.S. citizens. They can only file a petition for their:

• Spouse; or
• Unmarried son or daughter.

Once the immigrant petition has been approved, the applicant will need to wait until a green card becomes available in their category before submitting the final application (unless the applicant is the immediate relative of a U.S. citizen).

If the foreign-citizen family member is currently living abroad, they will need to apply for a green card through consular processing at a U.S. Consulate or Embassy. If, on the other hand, they are already living in the United States, they may be able to adjust their status to permanent residence without leaving the country.

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