If you are a United States citizen or green card holder, you may be able to petition for certain members of your family to come and live permanently in the United States (U.S.). Your relative’s eligibility and waiting time depends on your U.S. status and the familial relationship.
Immediate Relatives of U.S. Citizens
Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate to the U.S. This means that as an immediate relative, you are eligible to receive a green card immediately. The definition includes “immediate relatives” include:
• Spouses of U.S. citizens; and
• Unmarried children under the age of 21 of U.S. citizens; and
• Parents of U.S. citizens who are over the age of 21.
Family Preference Category
If you are a U.S. citizen or Lawful Permanent Resident (“LPR” or “green card holder”), then your other relatives may be eligible for sponsorship. These family members fit into various preference categories, which determine the waiting time for an available visa. Depending on the preference category, the waiting time may span several years. The family-sponsored preference categories are:
• First Preference Category: Unmarried sons and daughters of U.S. citizens, and their minor children (if any)
• Second Preference Category: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs
• Third Preference Category: Married sons and daughters of U.S. citizens, and their spouses and minor children
• Fourth Preference Category: Brothers and sisters of U.S. citizens, and their spouses and minor children, provided that U.S. citizens are at least 21 years of age
The process starts with filing a petition with the United States Citizenship and Immigration Services (“USCIS”) demonstrating the familial relationship between the U.S. petitioner and the foreign beneficiary. The spouses and unmarried children under the age of 21 of the principal beneficiary may also apply for permanent residence as derivative beneficiaries.
Once the petition is approved, the beneficiary may apply for a visa at the United States Consulate or Embassy abroad where he or she resides. The last step will be an interview at the United States Embassy or Consulate at which point the visa will be approved and the beneficiary can travel to the United States. Beneficiaries, who are lawfully present in the U.S., may apply to adjust their immigration status to a green card holder without having to return to their home country.
U.S. immigration law promotes family unity. However, obtaining a family-based green card can be lengthy and frustrating without the help of experienced attorneys and staff. Our seasoned team can assist and guide you through the family-based green card application process.
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Eliot Krieger is a Partner at Sullivan, Krieger, Truong, Spagnola, and Klausner, LLP. He is a former Assistant United States Attorney with the United States Department of Justice. He has a Ph.D. from Johns Hopkins University and a J.D. from Harvard Law School.
Website: www.sullivankrieger.com
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