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Family-Based Immigration

Family-Based Immigration Overview
Eligibility to Petition and Immigrate Through Family-Based Petition
Family-Based Visa Preference Categories

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A person living anywhere in the world can immigrate to the USA if he has a close relative who is either a USA citizen or a lawful permanent resident of the USA. An American relative would have to initiate visa petitioning process on his foreign relative's behalf. Also, an American relative would have to sponsor their foreign relative when it is time to apply for an immigrant visa or adjustment of status. Immigration through family-based petition sometimes takes a very long time (for example, up to 12 years for a sister or brother of a USA citizen). It does not take so long to immigrate to the USA, if the USA citizen petitioner and beneficiary are considered to be "Immediate Relatives."

Note: According to the USA immigration law, list of Immediate Relatives is limited to spouses of USA citizens; unmarried children of USA citizens under 21 years of age; and parents of a USA citizens.

Note: All other relatives, including children of the US citizen over 21 years of age, must wait for their visa Priority Date to become current when a visa number becomes available to them.

If a foreign relative is in the USA already, and one of the close relatives filed an Alien Relative Petition on their behalf, they can become a lawful permanent resident without need to consular process an immigrant visa in the USA Embassy abroad, but by applying for adjustment of status with the USCIS in the USA.

Note: Not everyone is eligible for adjustment of status (!). If you have even been out of status or unlawfully present in the USA, worked without authorization, used fraudulent documents to enter the USA or apply for immigration benefits, were deported from the USA, broke the law or entered the USA illegally, etc - you shall consult a qualified immigration attorney prior to applying for adjustment of status.

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There are two separate big eligibility groups: first, a USA citizen can petition for his close relatives; and, second, a lawful permanent resident of the USA can petition for certain close relatives. Provided, that both petitioner and beneficiary can meet all other eligibility requirements (such as, petitioner's income is above federal poverty guidelines; beneficiary has no criminal convictions, etc).

If the Petitioner is a USA citizen, he can petition for the following relatives:

• Husband or Wife (who are considered Immediate Relatives for the purpose of the USA immigration law);
• Unmarried Child under 21 years of age (who is considered an Immediate Relative);
• Parent, if the US citizen petitioner is 21 years old or older (who is considered an Immediate relative);
• Unmarried Child over 21 years of age (who is not considered an Immediate Relative);
• Married Child (who is not considered an Immediate Relative);
• Brother or Sister, if the US citizen petitioner is 21 years old or older (who is not considered an Immediate Relative).

If the Petitioner is a lawful permanent resident, he can petition for certain relatives:

• Husband or Wife;
• Unmarried Child under 21 years of age;
• Unmarried Child over 21 years of age.

Note: Lawful permanent resident cannot petition for a married child, for a parent or for a sibling. Under the USA immigration laws, relatives of a lawful permanent resident are not considered Immediate Relatives. Therefore, no visa numbers are immediately available to them, and they have to wait for their Priority Dates to become current in order to immigrate to the USA.

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Only Immediate Relatives of the USA citizens do not have to wait for visa numbers and can immigrate immediately. The list of Immediate Relatives is limited to spouses of the USA citizens; unmarried children of USA citizens under 21 years of age; and parents of a USA citizens.

All other foreign relatives, including children of the USA citizen over 21 years of age, must wait for their visa numbers in order to immigrate to the USA. Every month, the US Department of State publishes a list of current Priority Dates at their official Visa Bulletin.

There are four Family-Based Visa Preference Categories:

• First Preference: Unmarried Children of the USA citizens over 21 years of age;
• Second Preference:
  • Spouses and Unmarried Children under 21 years of age of lawful permanent residents;
  • Unmarried Children over 21 years of age of lawful permanent residents;
• Third Preference: Married Children of the USA citizens;
• Fourth Preference: Brothers and Sisters of the USA citizens who are 21 years of age and older.

Note: Immediate Relatives of the US citizens are not included into Preference Categories.

Note: A US citizen or lawful permanent resident petitioner files an alien relative petition with the USCIS in the USA. The petition will be either approved or denied, or request for evidence can be sent to the petitioner. When the petition is approved, it will be forwarded to the National Visa Center. The National Visa Center will store all approved petitions and forward them to the appropriate USA Embassy or Consulate abroad when the priority date is current and a visa number is available for the beneficiary of the approved petition.

Note: If the beneficiary of the petition has dependent children who are about to reach 21 years of age, or there is a material change in personal situation of the petitioner or beneficiary, it is advisable to consult a qualified immigration attorney immediately, who can advise them accordingly or/and contact the National Visa Center on their behalf.

The information provided on this website is for general informational purposes only, and is not a legal advice. This information is provided for general public, and is from general sources.

We can provide you legal assistance or advice regarding petitioning for your foreign relatives with the USCIS and applying for an immigrant visa, or adjustment of status within the USA. Please email (Attorney@law-visa-usa.com) or call us if you want to schedule a consultation.