Immigration Through a Family Member: Immigrants can have a family member sponsor them in order
to enter the country and obtain legal residence here. However, the U.S. Citizen or Legal Permanent Resident must
prove the familial relationship and be able to provide support to their immigrating relatives.
ARE
YOU A U.S. CITIZEN?
Immediate Relatives: U.S. Citizens may bring their spouses, children (under 21
and unmarried), and parents to the United States without waiting for a visa to become available.
U.S. citizens may also sponsor their sons and daughters (over 21 and/or married) or siblings (brothers and sisters),
but these relatives must wait for a visa to become available.
Fiance Visa. A U.S. citizen may bring
his/her fiance to join him/her here in the U.S. After your fiance goes through consular processing in his/her
home country, you will be united here in the U.S. The engaged couple then has 90 days from the date of arrival
in the United States to get legally married.
ARE YOU A LEGAL PERMANENT
RESIDENT?
A legal permanent resident ("LPR") may only petition for his/her spouse and
unmarried children. An LPR may not petition for his/her parents, siblings (brothers and sisters) or married children.
Once a visa is available for the LPR's relative, they may consular process in their home country, obtain a visa and
enter the United States.
Asylees and Refugees may also petition for their spouses or unmarried
children within 2 years of being granted asylum (asylees) or entering the U.S. (refugees). INA § 208(b)(3),
INA § 207(c)(2).
PREFERENCE SYSTEM - WAITING FOR THE VISA:
There is a preference
system based on the status of the petitioning relative and relationship to the applicant. Spouses, unmarried children,
and parents of U.S. citizens do not have to wait for a visa once their petition is approved. A visa number will be issued
immediately for these relatives.
However, all other relatives fall under the preference categories, and these
visas sometimes take awhile, sometimes even several years, to be issued. These categories are as follows:
- Unmarried
adult children of U.S. citizens
- Spouses of lawful permanent residents and their unmarried children
- Married
children of U.S. citizens
- Siblings of U.S. citizens
We will assist you in processing your family
petition as quickly as possible and make sure everything goes smoothly. We will advise you on the documents needed to
submit along with other requirements, such as medical exams, background checks and fingerprints, and we will
be there to answer all the questions you may have.
Child Status Protection Act ("CSPA"):
Because of the severe backlog of petitions and the waiting time for processing of family petitions, USCIS enacted the CSPA
into law in 2002. This law states that the determination of whether a child will be eligible as "immediate relative"
will be based on the date of the filing of the petition rather than the approval of the petition.
You may
check the Department of State's Visa Bulletin (updated monthly) for an estimate as to how long you may wait for a visa
number to become available.
