Family Immigration
Overview
Non-Immigrant: The U.S. has provisions for certain visa holders to
bring dependents (their spouses and children) on accompanying visas.
These dependent visas do not allow for the same privileges as the primary
visa or status.
Family-Based Immigration ranges from bringing in immediate relatives
of U.S. citizens (spouse and minor, unmarried children and parents)
to "preference" relatives in several categories (unmarried
sons and daughters of green card holders and U.S. citizens, married
sons and daughters of citizens, and brothers and sisters of U.S. citizens).
A person seeking a lawful permanent resident status based on the fact
that he/she has a relative who is a citizen of the United States or
a relative who is a lawful permanent resident, must go through a multi-step
process.
- First, the USCIS must approve an immigrant visa petition.
This petition is filed by relative (sponsor) and must be accompanied
by proof of relationship to the requesting relative.
- Second, the Department of State must determine if an immigrant visa
number is immediately available to the foreign national, even if he/she
is already in the United States. When an immigrant visa number becomes
immediately available the beneficiary (foreign national) can apply
to have one of the immigrant visa numbers assigned to him. You can
check the status of a visa number in the Department of State's Visa
Bulletin.
- Third, if the beneficiary is already in the United States, he may
apply to change his status to that of a lawful permanent resident
after a visa number becomes available for him. If the beneficiary
is outside the United States when an immigrant visa number becomes
available, he must then go to the U.S. consulate servicing the area
in which he resides to complete your processing. This is the other
way in which he can apply to secure an immigrant visa number.
Note: Information concerning the new
K (advance admission for the spouse and children of a U.S.
citizen) and new
V (advance admission for the spouse and the minor children
of a lawful permanent resident) nonimmigrant categories is available.
For updates on the Legal Immigration Family Equity (LIFE) Act,
please click
here.
Eligibility
To be eligible to sponsor a relative to immigrate to the United States
you must meet the following criteria:
- You must be a citizen or a lawful permanent resident of the United
States and be able to provide documentation proving your status.
- You must prove that you can support your relative at 125% above
the mandated poverty line.
- If you are a US Citizen you may petition for the following foreign
national relatives to immigrate to the United States; however you
must be able to provide proof of the relationships:
- Husband or wife;
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister, if you are at least 21 years old; or
- Parent, if you are at least 21 years old.
- If you are a lawful permanent resident you may petition for the
following foreign national relatives to immigrate to the United States;
however you must be able to provide proof of the relationships:
- Husband or wife; or
- Unmarried son or daughter of any age.
To be eligible for lawful permanent residence based on a family relationship
you must meet the following criteria:
- You must have a relative who is a United States citizen or a lawful
permanent resident of the United States who can provide documentation
proving their status and is willing to sponsor you for lawful permanent
residency.
- Your relative must prove they can support you by providing documentation
that their income is 125% above the mandated poverty line for their
family, including you and all other sponsored family members. Click
here to find out more information about meeting this criteria and
filing
the Affidavit of Support.
- If your relative is a US Citizen and they can legally prove you
share one of the following relationships, you may be eligible for
lawful permanent residency, please see below for preference
category information.
- Husband or wife;
- child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister if you are at least 21 years old; or
- Parents if you are at least 21 years old.
- If your relative is a lawful permanent resident and they can legally
prove you share one of the following relationships, you may be eligible
for lawful permanent residence, please see below for preference
category information:
- Husband or wife; or
- Unmarried son or daughter of any age.
.........................................................................................................
Preference Categories
The relative you wish to immigrate must obtain an immigrant visa number
that is based on the preference category in which they fall.
People who want to become immigrants
are classified into categories based on a preference system. The immediate
relatives of U.S. citizens, which includes parents, spouses and unmarried
children under the age of 21, do not have to wait for an immigrant visa
number to become available once the visa petition filed for them is
approved by the INS. An immigrant visa number will be immediately available
for immediate relatives of U.S. citizens. Click here for information
on obtaining an immigrant visa number if you are an immediate relative
of a U.S. citizen. The relatives in the remaining categories must wait
for an immigrant visa number to become available according to the following
preferences:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens.
Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents, their
unmarried children (under twenty-one), and the unmarried sons and
daughters of lawful permanent residents.
- Third Preference: Married sons and daughters of U.S. citizens.
- Fourth Preference: Brothers and sisters of adult U.S. citizens.
Once INS receives your visa petition, it will be approved or denied.
INS will notify the person who filed the visa petition if the visa petition
is approved. INS will then send the approved visa petition to the Department
of State's National Visa Center, where it will remain until an immigrant
visa number is available. The Center will notify you, the foreign national,
when the visa petition is received and again when an immigrant visa
number is available. You do not need to contact the National Visa Center,
unless you change your address or there is a change in your personal
situation, or that of your alien relative, that may affect eligibility
for an immigrant visa, such as reaching age 21, marriage, divorce, or
death of a spouse.
.........................................................................................................
Visa Information
The Department of State is responsible
for providing visa numbers to foreign nationals interested in immigrating
to the United States. To find out more about the Department of State's
visa process visit the Department
of State or click here for specific information on how
to get an immigrant visa number.
To check the status of a visa number
you can review the Department
of States Visa bulletin.
.........................................................................................................
