|
Family Based Immigration
US immigration law allows for the immigration of foreigners to the
United States based on their relationship to a US citizen or legal
permanent resident (green card holder).
US citizens may sponsor their spouses, parents, children, brothers, and
sisters. Permanent residents may petition for their spouses and
children. The sponsored relative becomes eligible to have his or her
immigrant visa or Green Card application processed only if the visa
petition is approved.
Family based immigration falls under two basic categories: unlimited and
limited.
Unlimited Family-Based
Immediate Relatives of US Citizens (IR): The spouse, widow(er) and
unmarried children under 21 of a US citizen, and the parent of a US
citizen who is 21 or older.
Limited Family-Based
Family First Preference (F1): Unmarried sons and daughters of US
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 77 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 US citizens,
and their spouses and children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of US citizens, and
their spouses and children, provided the US citizens are at least 21
years of age.
The petitioning US citizen or legal permanent resident (green card
holder) must submit an immigrant petition to the appropriate US
Citizenship and Immigration Services (USCIS, formerly Immigration and
Naturalization Service) office. Once the USCIS approves the petition,
they will send the petitioner a notice of approval. The USCIS will also
forward the approved petition to the National Visa Center of the US
Department of State, which will contact the intending immigrant with
further information.
Visa Ineligibility / Waiver
The immigration laws of the United States, in order to protect the
health, welfare, and security of the United States, prohibit the
issuance of a visa to certain applicants. Examples of applicants who
must be refused visas are those who: have a communicable disease such as
tuberculosis, have a dangerous physical or mental disorder, or are drug
addicts; have committed serious criminal acts; are terrorists,
subversives, members of a totalitarian party, or former Nazi war
criminals; have used illegal means to enter the United States; or are
ineligible for citizenship. Some former J1 exchange visitors must live
abroad two years. Physicians who intend to practice medicine must pass a
qualifying exam before receiving immigrant visas. If found to be
ineligible, the consular officer will then advise the applicant if the
law provides for some form of waiver.
<back
|