How to Obtain a Permanent Residence in Miami (Family-Based)

Updated on Thursday 13th April 2017

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How to Obtain a Permanent Residence in Miami (Family-Based) Image
United States of America (USA) offers a wide range of visas, to which citizens from around the world can apply to. The criteria on which such visas are issued may vary in accordance with the nationality of the applicants. Persons interested in receiving a resident permit in Miami, USA can receive a family based visa; our immigration lawyers in Miami can offer assistance or legal advice on this matter and any other aspect related to immigration issues

The video below shows the main steps to follow in order to obtain family-based residence in Miami, USA

Family-based residence permit in Miami

A family-based residence permit is issued only for foreign citizens who have family members living in USA. This type of permit is available for relatives of American citizens or American residence permit holders living in Miami, USA

The American legislation stipulates that the family based visa is issued according with the applicant’s relationship with the family member living in USA. As such, a family based residence permit can be issued on a permanent basis fom close members – parents, spouse or children. More distant relatives can also obtain a family based visa, but the conditions may vary, including the duration of the issuance of the document; our immigration attorney in Miami can provide you with more details on this topic. 

Types of family-based visas in Miami 

In order to receive a permanent residence in Miami, the applicant will have to apply for a visa petition, which can also be requested by the American citizen who is related to the applicant. After this, the applicant will file for a green card application, which will be analyzed by the U.S. Citizenship and Immigration Services

The Immigration and Nationality Act prescribes two main categories of visas

•    Immediate Relative;
•    Family Preference.

Family Preference visas are issued for close relatives as well, but the qualification conditions have a wider area or applicability. 

Immediate Relative visas are issued for the following close family members:

•    spouse of an American citizen;
•    child under 21 years old (unmarried);
•    orphan child of a U.S. citizen or orphan who will be adopted by an U.S. citizen;
•    parent of an American citizen

Regulations for spouses of American citizens

Persons who have the statute of a spouse of an American citizen is entitled to obtaining the permanent residency in Miami, U.S, as mentioned above. At the same time, it is important to know that the spouses of persons who have received the Green Card holder statute may also apply under the same regulations, but the procedure may differ to a certain degree. 

However, in both cases, the legal requirements stipulate to complete the Form I-130, Petition for Alien Relative, and the Form I-485, Application to Register Permanent Residence or to Adjust Status, in the situation in which the spouse is on the American territory at the moment when the application is being made. 

In the case in which the spouse is living outside the American territory, then the applicant will only be required to file the Form I-130

When filing for the above mentioned, the American citizen will be required to provide legal documents that would demonstrate the persons’current status. 

U.S. citizens will need to provide one of the following documents: 

•    copy of the U.S. passport;
•    copy of the American birth certificate;
•    copy of the Consular Report of Birth Abroad;
•    copy of the naturalization certificate;
•    copy of the citizenship certificate. 

If you need further information on the family based permanent residence in America, please contact our Miami immigration lawyer, who can offer you legal assistance on the process of receiving an American green card.



March 1, 2016

Can you please tell me more on the procedure for obtaining an Immediate Relative visa? I am an American citizen interested in adopting a child from another state.

Hello Christine! Please send us a detailed e-mail with your request at office(at) and we will reply as soon as possible. Have a great day!

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