Family Based Immigration

Making the decision to immigrate to the United States is an intricate process that involves a thorough examination of the requirements and application materials of the U.S. Immigration laws. Inadequate preparation or unawareness can result in costly errors and as a result it is always worthwhile to seek advice from an n immigration attorney before filing a petition. This article focuses on one way of immigrating to the U.S: immigration through a family member.

In order for a relative to sponsor you to immigrate to the United States, they must be:

• A citizen or lawful permanent resident of the U.S. and be able to provide documentation proving their status and show that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives who may be sponsored as immigrants vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

A U.S. Citizen, may petition for the following foreign national relatives to immigrate to the U.S:

• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.

A lawful permanent resident, may petition for the following foreign national relatives to immigrate to the U.S.:

• Husband or wife, or
• Unmarried son or daughter of any age.

Immigration applicants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, (except brothers and sisters of U.S. citizens, unmarried adult children of U.S. citizens and married children of U.S. citizens), do not have to wait for an immigrant visa number to become available. Once a visa petition filed for them is approved by USCIS, their petition, takes preference over those filed on behalf of relatives of lawful permanent residents The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following:

• 1st preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• 2nd Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• 3rd Preference: Married sons and daughters of U.S. Citizens.
• 4th Preference: Brothers and sisters of adult U.S. Citizens.

After reviewing the petition, both the applicant and beneficiary would be notified whether the petition was approved or denied. The approved petition is then sent to the Visa center and the beneficiary will be notified once an immigrant visa number is available.

Please note that the information provided here is intended for informational purposes only and may not apply to any specific situation. Please seek the advice of an immigration attorney for your specific situation.

Please call 410 685 5342 or use our free initial consultation form to be contacted by our staff.

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See also Temporary Worker Information
See also Employment Based Green Cards
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