Family based immigration is the process of becoming a U.S. permanent resident through certain family relations. Normally, a U.S. citizen (USC) or legal permanent resident (LPR) would file an immigration petition with the United States Citizenship and Immigrations Services (USCIS) (formerly known as the Immigration and Naturalization Service (INS)). This USC or LPR is called the Petitioner. The alien relative for whom the immigration petition is filed is called the Beneficiary.
The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.
UNLIMITED FAMILY-BASED
Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.
LIMITED FAMILY-BASED
Preference Categories
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)
Those individuals in one of the four preferences described above must wait for their immigrant visa number to become available before they can become lawful permanent residents. This is determined by comparing their priority date with the date on the Visa Bulletin, published by the Department of State.
Greene & Associates is able to assist you with all of your family immigration needs. Please contact us directly to schedule a consultation.
