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

Updated on Tuesday 17th August 2021

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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.  We will also guide you in applying for a residence permit in USA.

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 to 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. We will also advise on how to apply for USA citizenship.

Types of family-based visas in Miami in 2021

In order to receive a permanent residence in Miami in 2021, 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

Family-based visas can also lead to USA citizenship. If you wish to immigrate to US from Canada with your family, our team can assist you during the process.

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 in 2021, 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. 

Easiness of obtaining permanent residency based on family reunification in 2021

It is very easy to obtain family-based permanent residency in Miami in 2021, as there are no restrictions to the number of greed cards issued this way. Moreover, for those who have family members living here, it is easy to have their relatives apply for visas.

What should be noted about Miami's family-based permanent residency is the minimum income requirement imposed for the US sponsor in the State of Florida at the level of 2021, however, our lawyers can provide information on it.

For guidance on how to apply for a Green Card based on family reunification in Miami in 2021, our lawyers are at your disposal.

Sponsorship requirements for family immigration to Miami

Foreign citizens who want to immigrate to Miami under family reunification visas need their relatives to sponsor them. According to the legislation, the sponsors must be US permanent residents or citizens at the time their relatives apply for one of the visas that enable them to relocate to Miami.

One of the most important requirements associated with being a sponsor for immigration purposes is to have a minimum income that enables the US citizen to support the immigrant relative for a period of time until the latter starts to earn his/her own money. The amount of money required depends from state to state and is calculated based on several factors.

If you plan to migrate to Florida, our lawyers in Miami can explain the sponsorship requisites applicable in this state.

How to immigrate to Miami under the Immediate Relative category

There are several requirements that must be met by those who want to obtain family-based Green Cards as immediate relatives of US citizens. Among these:
  • the US citizen must file the immigration petition on behalf of the foreign relative;
  • the relationship must be supported by specific documents;
  • the immediate relative must apply for a Green Card;
  • the foreign citizen must be admissible to the US.

When it comes to the documents that prove the relationship between the US citizen and the foreign relative are the birth certificate or marriage certificate.

Entering the US as an immediate relative of an American citizen is not difficult and the main advantage is that there are no restrictions when it comes to the number of Green Cards issued for foreign citizens who can come here.

Our immigration lawyers in Miami are at the service of those interested in applying for a Green Card based on family ties.

Moving to the US based on a spouse visa

The spouse visa is one of the most sought ways of obtaining a family-based Green Card, however, there are several requisites that must be met. Among these, one of the most important conditions is to prove that the marriage was concluded in good faith.

The following steps will be completed when applying for a spouse visa for the US:
  1. the petition with the USCIS must be filed as soon as the decision to immigrate is made;
  2. right after that, a Notice of Action (NOA1) from USCIS will be issued;
  3. once the petition is approved, a second Notice of Action (NOA2) is issued;
  4. the application will then be forwarded to the National Visa Center (NVC) for the spouse to pick up the documents and fees;
  5. then, the NVC will contact the U.S. Embassy in the applicant’s home country in order to forward the application;
  6. the Embassy will instruct the applicant on the following steps in the procedure;
  7. the foreign spouse must then pass the medical examination;
  8. the last step will be the Embassy interview following which the visa will be issued.

Given the steps enumerated above, it should be noted that the procedure can take up to one year which is why it is best to start the immigration procedure as soon as possible. US citizens interested in bringing their spouses to Florida can benefit from the support of our law firm in Miami.

Is it possible to obtain a Green Card based on a fiancé visa?

A preferred option by those who are not married but want to bring their significant others to the US is the fiancé visa. It is possible for US citizens to invite foreign ones to Miami if they are engaged. The main conditions for obtaining a fiancé visa are for the two persons to know each other for at least 2 years and prove their relationship to the immigration authorities in the United States.

What should be noted about the fiancé visa is that the foreign citizen will first be issued conditional permanent residence while the Green Card will be issued once the person settles here.
No matter the path you choose to bring family members to the US, our immigration lawyers in Miami are at your service.

Once arrived in Florida, our lawyers will help foreign citizens register with the tax authorities and enroll in the National Healthcare System.

Family-based immigration to the US in numbers

Family-based Green Card applications are among the most requested visas every year. According to statistics:
  • an average of 247,682 immediate relative applications are filed every year;
  • out of these 19, 717 are rejected;
  • another 15,907 are denied due to inconsistencies or incomplete documentation.

This is why is it important to request specialized assistance in order to obtain the desired visa, and our Miami-based immigration lawyers can guide and help you during the entire procedure.
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 a residence permit in USA.