Family Based Immigration
Family-based immigration is a category of immigrant visas that allows U.S. citizens and lawful permanent residents to bring certain family members to live permanently in the United States.There are two main categories – Immediate Relatives and Family Preference.
How are ‘Immediate Relatives’ defined within US Immigration?
Immediate Relatives
Immediate Relatives of U.S. Citizens are exempt from numerical limitations on immigrant visas and thus can obtain green cards faster than any other category of family-based immigrants. Immediate Relatives include:
- Spouses – Spouses of U.S. citizens are granted a two-year conditional green card, unless the marriage has been in existence for at least two years at the time the applicant is admitted as a resident. Conditional permanent residents must apply to remove the conditional nature of the green card during the 90-day window prior to the expiration of the conditional green card. Expert legal guidance from our office will help you avoid the potential pitfalls built into the process, including adherence to strict deadlines and preparation for an interview with immigration officers to determine the bona fide nature of the marriage. A U.S. citizen also has the option to bring his or her foreign-born fiancé(e) to the U.S. through the K Visa program. Upon approval of their K1 visa, the fiancé(e) can petition for a green card as an immediate relative. Our office can guide you through the process of bringing your finacé(e) to the U.S., along with any minor children that may be accompanying him or her, keeping them in compliance with the regulations governing the transition to permanent residence. The widow(er) of a U.S. citizen may also be eligible for permanent residence through the EB4 green card category.
- Unmarried Children Under Age 21 – Time is of the essence in securing Green Cards for children of U.S. citizens before they “age out” upon turning 21. Our office will ensure that your application is timely and complete in order to maximize your children’s chances of fast processing under the immediate relative category.
- Parents of U.S. Citizens – The parent of a U.S. citizen is eligible to immigrate as an immediate relative if the sponsoring U.S. citizen is 21 years of age or older.
Who may be eligible to immigrate to the US under ‘Family Preference’ categories?
Family members of U.S. citizens who do not meet the “Immediate Family” requirements may be eligible to immigrate under the family-sponsored categories that are subject to numerical limits. These categories often involve long waiting lines, which can be especially lengthy for applicants born in India, Mexico, the Philippines, and mainland China. Our office can provide you with the latest information on wait times for the family-based preference categories.
- Unmarried Children 21 years and older – The first preference Green Card category is for unmarried sons and daughters of U.S. citizens regardless of age, including children who have “aged out” of eligibility for the Immediate Relative category. There is currently a waiting line of approximately nine years for most first preference immigrants, with a 12-year wait for Philippines nationals and a 20-year wait for applicants from Mexico.
- Married Sons and Daughters – Married sons and daughter of U.S. citizens can apply for a Green Card under the third preference category. This category has a waiting line of approximately 14 years, and approximately 24 and 22 years, respectively, for applicants born in Mexico and the Philippines.
- Siblings – Brothers and sisters of U.S. citizens who are 21 years of age or over can apply for a Green Card under the fourth preference category. This category is backlogged over 17 years and is moving slowly. It is possible that it could take anywhere from 18 to 25 years to immigrate through a U.S. citizen sibling.
Can spouses and unmarried minor children of Green Card holder apply for permanent residence?
Spouses and unmarried minor children of Green Card holders can apply for permanent residence under the second preference category. The sub-category for spouses presently has a waiting line of approximately three years. There are no benefits granted to applicants waiting for a visa to become available.
Because of the very limited number of visas and the large number of applicants, the sub-category for adult unmarried sons and daughters of permanent residents is even longer than the line for spouses. Caution should be exercised before filing a second preference petition for unmarried adult sons and daughters. They will generally not be able to legally immigrate for at least 17 years, and even longer—24 years—if they were born in Mexico.
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