B
O
C
If you want to live permanently in the United States, you have to be
sponsored for an immigrant visa by a close family member who is a
U.S. citizen or a lawful permanent resident (green card holder), or
you can be sponsored by a U.S. employer who wants to hire you on
a permanent full-time basis. The process to obtain an immigrant
visa is highly regulated.
Having a family member or an employer sponsor is only one part of
the immigrant visa process. U.S. immigration laws for the immigrant
visa application process include numerous requirements.
If you came to the U.S. illegally, or if you have ever been arrested,
or if you have ever worked without authorization from the
immigration service or remained in the U.S. beyond a departure
date, or if you have ever failed to tell the truth when applying for a
U.S. visa, you should consult with a lawyer before applying for an
immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a
U.S. immigrant visa (commonly referred to as a green card), which
allows that person to live and work permanently in the United States.
Persons in the United States who have obtained an immigrant visa
are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual
limitations as to who is eligible to obtain an immigrant visa, or
permanent residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you
are in the U.S. and if you are eligible to adjust status (many
restrictions apply), you must have a family or employer sponsor. In
some very limited circumstances, you may be able to sponsor
yourself.
There are several immigrant visa categories of family, employer
and self-sponsorship.
Most of these categories have a limited number of immigrant visas
allotted each year. Some immigrant visa categories have more visa
applicants waiting for visas than there are available visas.
Consequently, there is a long wait in some of these visa categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the sponsor
must be a U.S. citizen or a lawful permanent resident, or LPR. A U.
S. citizen can sponsor her parents, her spouse, her children
(including her spouse's children if they were under age 18 at the
time of the marriage of their parent to the U.S. citizen), and her
sisters and brothers. A U.S. citizen must be at least 21 years old to
sponsor her parents. A U.S. citizen's parents, spouse and
unmarried children (including step children) under age 21 are
called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas available
for this category. All other relatives who may be sponsored by a U.
S. citizen (married children, unmarried children age 21 and older,
and brothers and sisters) are subject to annual visa limitations.
An LPR can sponsor only a spouse and unmarried children of any
age. Immigrant visas for spouses and unmarried children of LPRs
are subject to annual visa limitations. All family members who are
subject to annual visa limitations are categorized into four (4) visa ,
or preference, categories of 1, 2(A and B), 3, and 4:
Immediate Relatives
Immediate relatives of U.S. citizens have the advantage of not
being restricted to quotas.
Approximately 250,000 immigrant visas are issued annually to
spouses, children (under 21) and parents of U.S. citizens.
The U.S. citizen must be over 21 to petition for a parent.
There is no waiting line (quota) for these immediate relative visas.
Individuals who qualify as immediate relatives:
The preference relative category is limited by quotas, unlike the
immediate relative category. The four preferences of relatives are
as follows:
iv) Fourth Preference - sisters and brothers of U.S.
citizens, where the U.S. citizen is at least age 21.
(over 21) of U.S. citizens, and brothers and sisters of U.S. citizens.
But those in line as siblings now may wait 15 to 20 years.
or more years after filing the application for an available visa, while
unmarried sons and daughters (over 21) of permanent residents
wait some five years or more.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY ALSO
IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member within the Third
or Fourth Family Preference categories, your spouse and unmarried children
under age 21 can also immigrate to the U.S. with you as your derivative family
members.
If your are sponsored by a U.S. citizen or LPR as a family member within the
First or Second(B) categories, your unmarried children under age 21 can
immigrate with you. If you are sponsored by your LPR spouse (category 2A),
your unmarried children under age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate relatives of a
U.S. citizen (which includes the U.S. citizen's parents, spouse, and unmarried
children under age 21), the derivative rule does not apply.
The U.S. citizen must separately sponsor her spouse and each child of her
spouse who is unmarried, under age 21 and who was under age 18 at the
time of the marriage to parent's marriage to the U.S. citizen.
NOTE, the U.S. citizen must separately sponsor each of her parents.
If the U.S. citizen's parents have unmarried children under age 21 (the U.S.
citizen's younger sisters or brothers) who also want to immigrate to the U.S.,
the younger children cannot immigrate to the U.S. with their parents as
derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth Preference
relatives. Also, after immigrating to the United States, the parents can sponsor
the younger children as Second Preference relatives.
Unfortunately, due to backlogs in the Family Second and Fourth Preference
categories, it will be a few years before the younger siblings can immigrate to
the U.S.
sponsored for an immigrant visa by a close family member who is a
U.S. citizen or a lawful permanent resident (green card holder), or
you can be sponsored by a U.S. employer who wants to hire you on
a permanent full-time basis. The process to obtain an immigrant
visa is highly regulated.
Having a family member or an employer sponsor is only one part of
the immigrant visa process. U.S. immigration laws for the immigrant
visa application process include numerous requirements.
If you came to the U.S. illegally, or if you have ever been arrested,
or if you have ever worked without authorization from the
immigration service or remained in the U.S. beyond a departure
date, or if you have ever failed to tell the truth when applying for a
U.S. visa, you should consult with a lawyer before applying for an
immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a
U.S. immigrant visa (commonly referred to as a green card), which
allows that person to live and work permanently in the United States.
Persons in the United States who have obtained an immigrant visa
are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual
limitations as to who is eligible to obtain an immigrant visa, or
permanent residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you
are in the U.S. and if you are eligible to adjust status (many
restrictions apply), you must have a family or employer sponsor. In
some very limited circumstances, you may be able to sponsor
yourself.
There are several immigrant visa categories of family, employer
and self-sponsorship.
Most of these categories have a limited number of immigrant visas
allotted each year. Some immigrant visa categories have more visa
applicants waiting for visas than there are available visas.
Consequently, there is a long wait in some of these visa categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the sponsor
must be a U.S. citizen or a lawful permanent resident, or LPR. A U.
S. citizen can sponsor her parents, her spouse, her children
(including her spouse's children if they were under age 18 at the
time of the marriage of their parent to the U.S. citizen), and her
sisters and brothers. A U.S. citizen must be at least 21 years old to
sponsor her parents. A U.S. citizen's parents, spouse and
unmarried children (including step children) under age 21 are
called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas available
for this category. All other relatives who may be sponsored by a U.
S. citizen (married children, unmarried children age 21 and older,
and brothers and sisters) are subject to annual visa limitations.
An LPR can sponsor only a spouse and unmarried children of any
age. Immigrant visas for spouses and unmarried children of LPRs
are subject to annual visa limitations. All family members who are
subject to annual visa limitations are categorized into four (4) visa ,
or preference, categories of 1, 2(A and B), 3, and 4:
Immediate Relatives
Immediate relatives of U.S. citizens have the advantage of not
being restricted to quotas.
Approximately 250,000 immigrant visas are issued annually to
spouses, children (under 21) and parents of U.S. citizens.
The U.S. citizen must be over 21 to petition for a parent.
There is no waiting line (quota) for these immediate relative visas.
Individuals who qualify as immediate relatives:
- i). Spouses of U.S. citizens
ii). Unmarried people under the age of 21 who have at
least one U.S. citizen parent
iii). Parents of U.S. citizens, if the U.S. citizen child is
over the age of 21
The preference relative category is limited by quotas, unlike the
immediate relative category. The four preferences of relatives are
as follows:
i) First preference - unmarried adult children of any age
with one parent a U.S. citizen.
ii) Second preference - spouses and children of U.S.
permanent residence.
- (2A): Spouses and children under 21 years old, of
- green card holders.
(2B): Unmarried sons and daughters of green
card holders who are at least 21 years old.
iv) Fourth Preference - sisters and brothers of U.S.
citizens, where the U.S. citizen is at least age 21.
(over 21) of U.S. citizens, and brothers and sisters of U.S. citizens.
But those in line as siblings now may wait 15 to 20 years.
or more years after filing the application for an available visa, while
unmarried sons and daughters (over 21) of permanent residents
wait some five years or more.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY ALSO
IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member within the Third
or Fourth Family Preference categories, your spouse and unmarried children
under age 21 can also immigrate to the U.S. with you as your derivative family
members.
If your are sponsored by a U.S. citizen or LPR as a family member within the
First or Second(B) categories, your unmarried children under age 21 can
immigrate with you. If you are sponsored by your LPR spouse (category 2A),
your unmarried children under age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate relatives of a
U.S. citizen (which includes the U.S. citizen's parents, spouse, and unmarried
children under age 21), the derivative rule does not apply.
The U.S. citizen must separately sponsor her spouse and each child of her
spouse who is unmarried, under age 21 and who was under age 18 at the
time of the marriage to parent's marriage to the U.S. citizen.
NOTE, the U.S. citizen must separately sponsor each of her parents.
If the U.S. citizen's parents have unmarried children under age 21 (the U.S.
citizen's younger sisters or brothers) who also want to immigrate to the U.S.,
the younger children cannot immigrate to the U.S. with their parents as
derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth Preference
relatives. Also, after immigrating to the United States, the parents can sponsor
the younger children as Second Preference relatives.
Unfortunately, due to backlogs in the Family Second and Fourth Preference
categories, it will be a few years before the younger siblings can immigrate to
the U.S.
BOGLE
OKOYE
CHANG
 | |  |
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
 | |  | |  | |  | |  | |  | |  |
 | |  | |  | |  |
Family Based Immigration
 |  |  |  |  |  |  |  |  |
 |
 |
 |
 |
 |
 |
 |
BOGLE CHANG