Family-Based Immigration To United States

Most immigrants to the United States come through the family-based immigration process.  However, simply having a relative who is a U.S. citizen is not enough to qualify for immigration.  Immigration eligibility is determined based upon a number of factors, including a person’s age, family relationship and marital status, among other factors.

The following are the most common family relationships by which a person can obtain permanent residency (aka green card) in the United States.   If you are related to a US citizen and seek a green card, please contact an Albany visa lawyer for assistance.

Spouse of a U.S. Citizen

A qualifying spouse of a U.S. citizen can immediately apply for an immigrant visa to the United States upon marriage.  If the marriage visa applicant is in the United States, the couple will need to submit a petition to the USCIS, and then both will need to attend a marriage visa interview before the applicant will be able to become a green card holder.   If the marriage visa applicant is outside of the United States, the couple will need to submit a petition to USCIS, wait for its approval, and then the marriage visa applicant will need to attend an interview at the US Consulate near to where the marriage visa applicant lives.  After the consular interview, the applicant will be able to enter the United States as a permanent resident (if approved).

If the marriage is less than two years old when the green card is granted, the couple will need to submit another petition two years after the initial petition.  The couple will also be required to both attend a Removal of Conditions interview.

Fiance(e) of a U.S. Citizen

The K-1 Fiance(e) visa allows a foreign national fiance(e) of a U.S. citizen to enter the United States for the sole purpose of marrying the U.S. citizen within 90 days of entry.  The K-1 fiance(e) visa is for foreign nationals located outside of the United States, and requires a couple to submit a petition to the USCIS, wait for its approval, and then have the foreign national applicant attend an interview at the U.S. Consulate closest to the foreign national’s residence.

Once in the United States, the couple will be required to marry within 90 days.  Additionally, once married, the foreign national will need to submit an application to the immigration agency to “adjust status” and become a green card holder.

Minor Child of a U.S. Citizen

A minor child of a U.S. citizen is also eligible to obtain immediate permanent residency in the United States.   To qualify, a minor child must be under the age of 21, and unmarried.  In addition, it is often possible that as soon as a minor child of a U.S. citizen becomes a lawful permanent residency, US citizenship is automatically granted to the child.

Parent of a U.S. Citizen

A parent of a U.S. citizen is eligible for permanent residency through their U.S. citizen child.    Their eligibility is for an immediately available visa, and there is no waiting period for a visa number to become available for a parent of a U.S. citizen child.  The biggest restriction to a parent’s eligibility, is that the U.S. citizen child must be 21 years old to apply for either parent.

Other Family Categories

In addition to the above categories, a person may be eligible for permanent residency in the United States if he or she is:

•  An Adult Child of a U.S. Citizen
• A Sibling of a U.S. Citizen
• A Spouse of a U.S. Lawful Permanent Resident
• A Child of a U.S. Lawful Permanent Resident

However, for any of these categories of relatives, the immigration process often requires an extensive wait for the visa to become available.    The wait is often years.

Conclusion

Although many of the more closely held family relationships create the ability to obtain permanent residency in the United States (if a relative is a US citizen).  However, many other family relationships simply do not create any immigration benefits or eligibility.

If you are family member of a U.S. citizen, and seek to become a permanent resident in the United States, please contact an Albany immigration attorney for assistance.  Without following proper procedure – the process can become daunting.