What is family-based immigration?

 

Family-based or family-sponsored immigration allows US citizens and lawful permanent residents to petition for certain relatives to obtain green cards and eventually become citizens. Family-based immigration involves two steps. First, the US citizen or lawful permanent resident files a visa petition asking the US government to recognize the family relationship. Second, the family member must file an application for a green card.

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Which family members are eligible?

 

There are two categories of family members: (1) Immediate Relatives; and (2) Preference-Based Family Members.

 

• Immediate Relatives includes spouses, unmarried children under 21, and parents of US citizens

• Preference-Based Family Members include: (1) adult children, married children, and siblings of US citizens; and (2) spouses and unmarried children of lawful permanent residents

 

Immigration law allows an unlimited number of visas for Immediate Relatives, but allots a limited number of visas each year for Preference-Based Family Members. It is important to understand that “Immediate Relatives” has a fairly limited meaning in immigration law.

 

Family members not falling into the above two categories are not eligible for family-based immigration.

 

 

What is the Preference System?

 

Preference-Based Family Members (see above) are subject to a four-tier preference system. Family members higher up in the preference system are subject to greater visa availability.

 

• First Tier: unmarried adult children of US citizens

• Second Tier: spouses and unmarried children under 21 of lawful permanent residents, and unmarried adult children of US citizens

• Third Tier: married children of US citizens

• Fourth Tier: siblings of US Citizens

 

 

What about marriage to a US citizen or lawful permanent resident?

 

Once you are married, you are a spouse and are eligible for family-based immigration. If you are married to a US citizen you are an Immediate Relative and can apply for a green card without having to wait for visa availability. If you are married to a lawful permanent resident you fall win the Second Tier of the Preference system and will likely have to wait for visa availability.

 

Same-sex marriages spouses are eligible for the same immigration benefits as traditional spouses.

 

 

How long will it take to get a Green Card?

 

Immediate Relatives (spouses, unmarried children under 21, and parents of US citizens) do not have to wait for visa availability and can expect to get a green card in the time it takes to process the application. This will take approximately 6 to 18 months depending on the complexity of the case.

 

Preference-Based Family members will have to wait for visa availability. Immigration law sets annual quotas on the number of visas issued for each preference tier and on the number of visas issued from each country. If the demand for visas exceeds the number of available visas (which is very common), the applicant will have to wait. Currently, visa demand exceed per-country limits in China, India, Mexico, and the Philippines. Therefore, those seeking visas in one of the preference categories who also come from an impacted country may have to wait for a substantial time. Current wait times are posted here.