FAMILY BASED IMMIGRATION

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FAMILY-BASED IMMIGRATION

Immediate Relatives:
Who is an immediate relative?
Spouses of U.S. citizens.
Parents of a U.S. citizen who is at least 21 years-old.
Unmarried children (under the age of 21) of U.S. citizens.

What are the advantages of being an immediate relative of a U.S. citizen?
There are no numerical limitations on the number of immediate relatives who might emigrate from any country.
If the beneficiary entered the United States “legally” then the immediate relative is exempt from certain “bars” such as unauthorized employment, overstaying their time of admission, or violating their specific non-immigrant status.
Family-Based Preference Categories:
Family category-one:
Unmarried sons and daughters (over the age of 21) of U.S. citizens.

Family category-two:
2A – Spouses and unmarried children (under the age of 21) of permanent residents.
2B– Unmarried children (over the age of 21) of permanent residents.

Family category-three:
Married sons and daughters of U.S. citizens.

Family category-four:
Brothers and sisters of U.S. Citizens.

Important considerations:
Conditional Residence:
Where someone obtains an immigrant visa or lawful permanent residence based upon marriage as either an immediate relative or a Family 2A beneficiary, AND the marriage is less than 2 years-old, that individual is granted “conditional permanent resident” status.
“Conditional status” lasts for 2 years from the date the person becomes a lawful resident, not 2 years from the original marriage.
The person MUST petition to remove this status at a later date following specific instructions found under 8 C.F.R. Part 216.

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