I. Immediate Relatives of U.S. citizens
II. Other close relatives of U.S. citizens and Legal Permanent Residents
I.
IMMEDIATE RELATIVES OF U.S. CITIZENS
Immediate relatives of U.S. citizens are favored under U.S. law in that no
numerical limit or quota is placed on how many immediate relatives of U.S. citizens may become permanent residents in
any given year. However, even though no limit is placed on the number of
visas available once all requirements of qualification have been met, the
process by which family relationships are documented and petitions submitted
for approval is both time consuming and confusing for those unfamiliar with
the immigration system. Timely legal advice and guidance at the earliest
possible stage is recommended to avoid unnecessary delay or disappointment
in being reunited with your immediate relatives. The following are relations
which serve as a basis to apply for Legal Permanent Residence (a "green
card") under this category:
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Spouses of U.S. citizens: Please note that due to past abuses such as "sham marriages" and other schemes, entered into only for immigration purposes, very specific definitions and rules apply as to what constitutes a qualifying marriage. Legal advice should be obtained as to qualification of a specific marital union, timing of applications, and potential problems or delays which need to be avoided in a specific case.
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Minor Children (unmarried and under 21 years of age) of U.S. citizens: Note that "child" is strictly defined under immigration law and may exclude some persons considered by the citizen to be their child.
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Parents of U.S. citizens over 21 years of age: Also subject to specific parent-child definitions.
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Spouses of deceased U.S. citizens: Must have been married at least two (2) years at time of death.
II.
CLOSE RELATIVES OF U.S. CITIZENS
AND LEGAL PERMANENT RESIDENTS
(Family Sponsored Preference
Immigrant Category)
Other types of close relatives may be sponsored for immigration by family
members who are U.S. citizens or Legal Permanent Residents. These categories
of family sponsored immigration are subject to limits in the number of visas
available each year. Since only a limited number of visas are available each
year, Congress has divided these groups of relatives into "preference"
categories, ranking them in the order for which they are preferred for
immigration to the United States. The higher the preference, the more
quickly a visa generally can be allotted to the relative. In addition,
certain countries are deemed to be "over-subscribed" and are subject to
longer waiting periods. Generally, the countries subject to the longest
waiting periods are India, China (mainland and Taiwan) and the Philippines.
Regular State Department "Visa Bulletins" are received in our office setting
forth current "priority dates" from which future waiting periods for
individual countries may be generally predicted. Your attorney will explain
the rather complex priority date system to you during an initial
consultation and how long of a wait you may generally anticipate for a visa
to become available to your relative.
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First Preference: Unmarried sons or daughters (21 years of age or older) of U.S. Citizens. The son or daughter must have qualified as "children" of the citizen when they were less than 21 years of age applying the same specific definitions and guidelines referred to in section (2) of Immediate Relatives, above.
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Second Preference: The same cautions with regard to marital status and definitions of "child" apply.
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Spouses or children (under 21 years of age) of a legal permanent resident ("green card" holder).
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Unmarried child (21 years of age and older) of a legal permanent resident ("green card" holder).
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Third Preference: The same cautions with regard to marital status and definitions of "child" apply.
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Married sons and daughters (21 and over) and their spouses and children of U.S. citizens.
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Fourth Preference: Brothers and sisters (and their spouses and children) of U.S. citizens (over 21).
Please note that only U.S. Citizens may sponsor a brother or sister.
