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Who Is Eligible For A Family Based U.S. Visa Or Green Card?

Under U.S. law, U.S. citizens or permanent residents can apply for a family visa or green card on behalf of a family member. However, certain family members are eligible. Which types will depend on the individual's age and whether the individual petitioning is a U.S. citizen or U.S. permanent resident.

United States Citizens

U.S. citizens who are at least 21 years of age or older can petition on behalf of a:

  • Parent

  • Spouse

  • Child (and their children)

  • Sibling (and their spouse and children)

U.S. citizens who are NOT 21 years of age or older can only petition on behalf of a:

  • Spouse

  • Child

U.S. Permanent Residents



U.S. permanent residents can petition on behalf of a:

  • Spouse

  • Child

Fiancé Visas


Fiancé visas are available for those who are engaged to marry a U.S. citizen. The foreign national or foreign citizen fiancé can apply for a temporary fiancé visa to obtain authorization to travel to the U.S. and marry. Once married, the foreign national can apply for permanent residence status.

Asylum Visas


Individuals who have entered the U.S. illegally can petition for an asylum visa if they have or will suffer persecution in their home country because of their "race, religion, nationality, political opinion or membership in a social group."

Legal Help Filing The Right Petition

Due to the complex nature of United States immigration laws and procedures, the assistance of an experienced family-based immigration attorney who has helped others in similar situations is very important. There are strict filing requirements, preferences, exclusions, and limitations.

At Diaz Case Law, we have a thorough understanding of the types of family-based visas, the application process, and procedures involved with obtaining a visa or green card for your loved one. We have helped many individuals in Berwyn, Illinois, and surrounding Cook County communities.

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