IMMIGRANT VISAS-FAMILY

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FAMILY PETITIONS

IMMIGRANT VISAS BASED ON FAMILY PETITIONS

One of the most effective ways to attain permanent residency in the US is through a family-based petition. When you have family members already living as citizens or permanent residents in the United States, this may allow you to qualify for a Green Card and eventually even citizenship.

FAMILY SPONSORED PREFERENCES FOR PERMANENT RESIDENCE

When applying for family based permanent residence, USCIS approves petitions based on the relationship to the family member currently living in the US. There are two categories under which family-based permanent residency can be issued: Immediate Relatives and four levels of Preference Beneficiaries.

RELATIVES

IMMEDIATE RELATIVES

The relationships between US Citizens and certain family members are prioritized for immigration purposes.

Immediate relatives, as defined by the United States Citizenship and Immigration Services (USCIS), include the following relationships:

Spouse of a U.S. citizen
Unmarried child under 21 years of age of a U.S. citizen
Orphan adopted abroad by a U.S. citizen
Orphan to be adopted in the U.S. by a U.S. citizen
Parent of a U.S. citizen who is at least 21 years old

Applications for permanent residency based on an immediate relative who is a US citizen are not subject to any quotas or limits, which is a significant advantage.

One crucial aspect of immediate relative petitions for a green card in the United States is the concept of concurrent filing.

Concurrent filing allows certain immediate relatives of U.S. citizens to file their Form I-130 (Petition for Alien Relative) along with their Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. This means that instead of waiting for the I-130 petition to be approved before submitting the I-485 application, both forms can be submitted together to the U.S. Citizenship and Immigration Services (USCIS).

This process can significantly streamline the green card application process for immediate relatives, as it eliminates the need to wait for the I-130 petition to be processed separately before moving on to the adjustment of status application. It can also expedite the timeline for obtaining work authorization and travel permission (advance parole) while the green card application is pending.

However, not all immediate relatives are eligible for concurrent filing. Only immediate relatives who are physically present in the United States and meet certain other eligibility criteria may be able to take advantage of this option.

Note for Marriages of Less Than Two Years

Those who receive their residence based upon a marriage of less than two years duration will receive ‘conditional residence’ for two years and must file a petition for removal of conditions ninety days prior to the two-year expiration date.

Additionally, under certain provisions of the Violence Against Women Act (VAWA) that amended the Immigration and Nationality Act (INA), a battered spouse, child, or parent of an abusive US citizen, or the battered spouse or child of a permanent resident may be able to file their own petition for permanent residency without their abuser’s knowledge. While this provision was included in the Violence Against Women Act, a battered spouse of any gender may qualify under this section of the law.

U S citizen immediate relative

PREFERENCE CATEGORIES

Family-sponsored preference categories have been set up to allocate immigrant visas for certain relatives who are not considered immediate relatives, as per the USCIS definition.

Those who don’t have a U S citizen immediate relative in the US can still apply for permanent status, but there is a limit on the number of applicants that may be approved for residence each year, resulting in waiting lists for these categories. Those who apply will be approved based on the preference categories established by immigration law.

These preference categories are as follows:

First Preference (FB-1)

Unmarried sons and daughters of US Citizens who are 21 years of age or older.

Second Preference – (FB-2 a and FB-2b)

Spouses and children of lawful permanent residents and unmarried sons and daughters of lawful permanent residents.

Third Preference FB-3

married sons and daughters of US Citizens.

Fourth Preference FB-4

Siblings and half-siblings of US Citizens who are at least 21 years of age.

Spouses and children of those who qualify under one of the preference categories may qualify for residence as a derivative beneficiary.

RELATIVES

CHILD STATUS PROTECTION ACT

The Child Status Protection Act amended the Immigration Nationality Act by changing who qualifies as a child for purposes of immigration. This permits certain beneficiaries to retain classification as a “child,” even if he or she has reached the age of 21.

A “child” is defined as an individual who is unmarried and under the age of 21. Before CSPA took effect on August 6, 2002, a beneficiary who turned 21 at any time prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many beneficiaries were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect a beneficiary’s immigration classification as a child when he or she ages out due to excessive processing times. CSPA can protect “child” status for family-based immigrants, employment-based immigrants, and some humanitarian program immigrants (refugees, asylees, VAWA).

It is important to understand the concept of priority dates.

When a U.S. citizen or lawful permanent resident files an immigrant visa petition for a family member, the petition is assigned a priority date. This date establishes the applicant’s place in line for an immigrant visa within their respective preference category. Priority dates are critical because they determine when an applicant can move forward with their immigrant visa application process.

The U.S. Department of State publishes a monthly Visa Bulletin that provides information on visa availability, including the priority dates currently being processed for each preference category. Due to annual numerical limits on immigrant visas for certain categories and countries, there may be long waiting periods between the time the petition is filed and when the priority date becomes current. This is specifically true for certain preference categories with high demand, such as the F4 category (Brothers and Sisters of Adult U.S. Citizens) and for applicants from countries with high levels of immigration to the United States.

Understanding priority dates and monitoring the Visa Bulletin is crucial for planning and navigating the immigrant visa family preference process effectively. It allows applicants to anticipate when they may be eligible to apply for a visa and take appropriate steps to prepare their documentation and complete required procedures.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

NON-IMMIGRANT VISAS

NONIMMIGRANT VISAS LEADING TO FAMILY-BASED PERMANENT RESIDENCY

There are several visa options available to help you bring a loved one to the US as a nonimmigrant prior to petitioning for permanent residency. These are known as “K Visas,”

K-1

Fiancé(e)s of a US Citizen

K-2

Minor child of a Fiancé(e)

K-3

Spouse of a U.S. Citizen

K-4

Stepchild of a U.S. Citizen

K

Nonimmigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status.

All K nonimmigrants are required to file an “Application to Register Permanent Residence and Adjust Status,” after arrival to adjust status as a permanent resident of the United States. K-1 visa holders must marry the US citizen within 90 days of entry to the US.