Family-Based Visas
Every year we assist hundreds of families immigrate to the U.S in search of a better life and to connect with other family members. This is by far the most rewarding aspect of our practice. Immigration laws being complex and often times a slow process, necessitates having an experienced attorney to make the process go as smoothly as possible towards acquiring permanent residence.
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the U.S. If you have a relative who is a U.S. citizen or permanent resident they can sponsor you, but they will need to prove that they have enough income or assets to support you.
The following family-based classifications are groups that are eligible for permanent residence:
- Immediate relatives of U.S. Citizens
- Other close family members of U.S. Citizens
- Spouses and unmarried sons and daughters of Permanent Residents
The highest preference for family-based immigrants is for immediate relatives of U.S. citizens. There is no numerical limit or cap on the number of immediate relatives of citizens who may become permanent residents in any one year. This means that there is never a waiting period before an immediate relative can apply for an immigrant visa. An immigrant visa is immediately available to these beneficiaries, however, in practical terms, due to processing delays, it may take up to a year for these family members to enter the U.S.
Under family immigration law, there are several “preference categories” that will determine the waiting time to adjust to permanent residence status as follows:
- Unmarried sons and daughters of citizens - First Preference
- Spouses and minor children of permanent residents - Second Preference
- Married sons and daughters of citizens - - Third Preference
- Brothers and sisters of citizens - Fourth Preference
The following persons can qualify as immediate relatives of US citizens:
- Spouses of U.S. citizens
- The marriage must be legal
- Both parties must be free to marry (all prior marriages having ended)
- Marriage must be recognized by the jurisdiction where it took place
- The parties cannot be divorced or legally separated at the time of filing
- Children of US citizens
- The citizen's child must be unmarried and under the age of 21
- Children born in wedlock automatically qualify
- Children born out of wedlock to citizen mothers qualify
- Children born out of wedlock to a citizen father qualifies if:
- The child was legitimated prior to the age of eighteen and
- The child is in the "legal custody" of the citizen-father, or
- The citizen-father has or had a bona fide parent-child relationship with the child
- Parents of adult U.S. citizens
- Parents of U.S. citizens are eligible to immigrate as immediate relatives if the citizen is 21 years of age or older
- The citizen must be able to prove that they are the child of the parent
- Parent automatically qualifies if child was born in wedlock
- Mother qualifies if child was born out of wedlock
- Father qualifies if child was born out of wedlock if:
- The child was legitimated prior to the age of eighteen and
- The child was in the "legal custody" of the father, or
- The father had a bona fide parent-child relationship with the child
Other family members of citizens can qualify to immigrate to the United States. These aliens, however, are subject to a limited number of immigrant visas available each year. Since only a limited number of these visas are issued every year, they are divided into "preference categories”. More visas are issued for categories that have a greater preference, thus making them available sooner than those categories that have less preference.
- Unmarried sons and daughters of permanent residents - Second Preference
- The sons and daughters must have qualified as "children" of the citizens when they were under 21
- The immediate family members of first preference immigrants can immigrate with them
- Married sons and daughters of citizens - Third Preference
- The applicant must have qualified as a child at one time
- Brothers and sisters of citizens - Fourth Preference
- Brothers and sisters of citizens can qualify for immigration if the citizen is 21 years of age or older
- To qualify as a brother or sister, both the brother or sister and the citizen must have been children of the same parent
- Immediate family members of brothers and sisters (spouses and children) can immigrate with the brother or sister
The second family-sponsored preference is set aside for two groups: the first includes the spouses and minor children of a lawful permanent resident, the second group includes the unmarried sons and daughters of a permanent resident who are over the age of 21.
- Spouses and minor children of permanent residents - Second Preference
- The marriage must be legal
- Both parties must be free to marry (all prior marriages having ended)
- Marriage must be recognized by the jurisdiction where it occurred
- The parties cannot be divorced or legally separated
Spouses of permanent residents whose marriage began less than two years prior to being granted permanent residence will become permanent residents on a conditional basis.
- Unmarried sons and daughters of permanent residents - Second Preference
- The adult son or daughter must be unmarried
- Sons or daughters born in wedlock automatically qualify
- Sons or daughters born out of wedlock to a permanent resident mother qualify
- Sons or daughters born out of wedlock to permanent resident father qualify if:
- The son or daughter was legitimated prior to the age of eighteen and
- They were in the "legal custody" of the father, or
- The father had a bona fide parent-child relationship with the son or daughter
Immediate family members of qualifying aliens can also immigrate with them in the second preference category.
To find out which preference category applies to you and your family members, call our office. We will advise you on waiting times, filing procedures, and the best available options to reunite you with your family members.
Please contact us to start your immigration application now.