Brilliant Immigration Attorneys

The application process to become a permanent resident (green card holder) or US Citizen, is tedious and requires a great attention to detail, which is why many people choose to hire an immigration attorney. Immigration law is highly specialized, and the experienced attorneys at Ken Kitay & Associates will help you complete the application properly and make sure that all the various application requirements are met. Doing it right the first time is so important when applying to become a permanent resident or U.S. Citizen; the process, even when done correctly, can take time. You don’t want mistakes to cause unnecessary delays. We will help you secure your loved ones a piece of the American Dream.

Who can apply?

A permanent resident (green card holder) or U.S. citizen can petition to help a family member get a U.S. immigrant visa, which leads to a green card, or lawful permanent residence. This is called a “family-based petition”.

Family-based petitions are classified into two categories:

Immediate relatives of U.S. Citizens:
includes spouses (same or opposite-sex) of U.S. Citizens and their unmarried children younger than 21 years of age, the parents of a US citizen child who has turned 21 years of age, and children who are adopted in or out of the United States. It is important to note that those petitioning under the “immediate relatives of U.S. citizens” category are limited by the number of immigrant visas (green cards) given out each year.

Family preference relatives, which are broken up into four categories:

  • First Preference (F1): The person seeking residency must be an unmarried son or daughter of U.S. citizens at the time when the petition is filed, and he or she must remain so until receiving the green card. If a beneficiary obtains a good-faith divorce during the long years of waiting for the visa, he or she will become eligible for an immigrant visa as an F1.
  • Second Preference (F2): The person seeking residency must be a spouse (same-sex or opposite-sex), minor child, or an unmarried son or daughter (age 21 and above) of permanent residents.
  • Third Preference (F3): The person seeking residency is a married son or daughters of U.S. citizen, and their spouses and minor children.
  • Fourth Preference (F4): The person seeking residency is a brother or sister of a U.S. citizen, and their spouse and minor children. Half-brothers, half-sisters and adoptive siblings are also eligible under this category.

The family preference category is subject to annual quotas for visas from each country. The county or origin where the person seeking U.S. residency was born determines the visa quota. For some countries, the waiting period is short; in others, the wait can span decades.

For more information about immigration law, please visit our Frequently Asked Questions page.