U.S. Citizens and permanent residents can petition for their qualifying relatives to obtain permanent residency in the United States.  Family based petitions are separated into preference categories.  Each category preference category has different processing times and are constantly changing.  The preference categories are:

• Immediate relatives – Includes spouses of U.S. citizens, unmarried minor children (under 21 years of age) of U.S. citizens,  and parents of U.S. Citizen child (at least 21 years of age).

• First Preference – Unmarried adult sons and daughters of U.S. Citizens (21 years of age or older).

• Second Preference – Spouses of legal permanent residents, and the unmarried sons and daughters of legal permanent residents and their children.​

• Third preference – Married sons and daughters of U.S. Citizens, their spouses and their minor children.

• Fourth preference – Brothers and sisters of U.S. Citizens, if U.S. Citizen is at least 21 years old, and their spouses and their minor children.

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Certain criteria must be met when requesting your foreign relative to become a lawful permanent resident.  The following must be met:

• The petitioner must be either a U.S. Citizen or lawful permanent resident;

• The petitioner must be able to demonstrate the relationship with foreign national from one of the above referenced preference category; and

• The petitioner must complete an affidavit of support which proves that they can support their family and the foreign national(s) at an income level at or about 125% of the federal poverty level.  If the petitioner does not meet this income level, a co-sponsor would be needed.

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We know that the process can be long, stressful and overwhelming.  We work closely with our clients explaining the process and going through each step with them to ensure a successful result and quality legal representation.  At Alcalde Legal we prepare all the forms necessary for the application, prepare the petitioner and foreign national for their visa interview and provide representation at the interview with U.S. Citizenship and Immigration Services.