Family Petitions For U.S. Immigration
U.S. Immigration differentiates Immediate Relatives and Other relatives: Immediate Relatives are spouses and children under 21 of a U.S. Citizen as well as parents of U.S. citizens.
For the foreign nationals who fall into this category, immigrant visas are not limited in numbers and are immediately available. Therefore, if the foreign national is present in the U.S., he or she may be eligible to file for adjustment of status concurrently with the relative petition. See immigration through marriage.
For the other relatives of U.S. Citizens and relatives of LPR, the Department of State relies on a Preference Category System that determines whether a visa is available for the considered relative. This Preference Category System functions by priority date, i.e. the date that the Petition is filed on behalf of the family member. The Department of State visa bulletin, published on a monthly basis, allocates immigrant visas by priority date and according to each preference category.
Family Based Preference Categories
Certain foreign nationals are allowed by the Immigration and Nationality Law to permanently immigrate to the United States for the purpose of family unity. The relationships that can serve as sponsors are as follows:
- Immediate relatives: Spouse, mother, father and children under twenty-one years of age of a United States Citizen; (Visa is immediately available)
- Family First Preference: Unmarried sons and daughters (over 21 years of age) of a United States Citizen (subject to quota);
- Family Second Preference: Spouse and unmarried sons and daughters under 21 years of age of lawful permanent residents (green card holders) are classified as Family 2A, unmarried sons and daughters over 21 years of age are classified under Family 2B (both are subject to quota);
- Family Third Preference: Married sons and daughters (over 21 years of age) of United States Citizens (subject to quota);
- Family Fourth Preference: Brothers and sisters of United States Citizens (subject to quotas).
For the foreign nationals who fall into the Immediate relatives category, such as for the spouse of a United States citizen, immigrant visas are not limited in numbers and are immediately available. Therefore, if the foreign national is present in the U.S., he or she may be eligible to file for adjustment of status concurrently with the relative petition.
For the other relatives of U.S. Citizens and relatives of LPR, the Department of State relies on a Preference Category System that determines whether a visa is available for the considered relative. This Preference Category System functions by priority date, i.e. the date that the Petition is filed on behalf of the family member. The Department of State visa bulletin, published on a monthly basis, allocates immigrant visas by priority date and according to each preference category.
Family relatives who are non-immediate relatives, usually immigrate through consular processing but may also qualify for adjustment of status. Please consult with Vazquez & Poudat, PLLC if you have family members who would like to immigrate to the United States.
Contact Our Family Immigration Attorneys
Are you seeking a green card for your parents? Would you like to file a petition for another family member such as a sibling? Would you like to get reunited with your married children in the US? If you have family members that would like to immigrate to the United States do not waste any time. Call us today at 407.674.6968 during office hours. You may also fill out the online form located at the top of this page and we will contact you shortly. Both Suzanne Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar. Our expert family immigration attorneys will diligently analyze your case to determine if you qualify under current immigration law. We will help you during the application and along the process. If you have an emergency and need to talk to us, please call (407) 925-2554 and we will contact you back as soon as possible.
