Each year, thousands of families begin the immigration process to live together in the United States. You must know how to navigate through the system, understand the requirements for eligibility, and the various pathways available to you. The United States government offers two different categories of family-based immigration. The categories include:

  • Immediate relatives of United States citizens
  • Family preference categories

 

Who Qualifies for Family Based Immigration?

Immediate relatives receive priority status in the United States immigration system. There aren’t annual caps involved with the process. Immigrants who are married to a United States citizen may qualify for a green card. U.S. citizens who are at least 21 years old may petition for their parents to go through the process to become citizens of the U.S. Children of U.S. citizens who are under 21 and not married can be sponsored by their parents to become permanent residents of the U.S. Spouses of U.S. citizens are classified as IR1/CR1. Parents of U.S. citizens have an IR5 classification, and children of U.S. citizens are classified as IR2/CR2.

The family preference categories are more complicated, have annual limitations on the number of people who may apply for citizenship, and often involve longer wait times. Unmarried children of U.S. citizens who are 21 or older are classified as F1. There are four categories under the second preference. F2A is for the spouses and children who aren’t married and under 21 of permanent U.S. residents. The F2B classification is for adult children who aren’t married and over the age of 21. F3 is for all married children of U.S. citizens, regardless of their age. F4 is reserved for siblings of U.S. citizens as long as the citizen is at least 21 years of age.

 

The Family Immigration Process

To begin the family immigration process, the United States citizen or permanent resident of the country, also known as the petitioner, must file Form 130, Petition for Alien Relative, with the USCIS. The processing time can vary depending on the relationship and current pending applications. Immediate family members may apply for a U.S. Visa after approval. Applying for a Green Card involves one of two processes. Consular Processing involves applying for a United States Visa at a consulate abroad or at a U.S. Embassy. An Adjustment of Status is an application to change status to permanent residency if the person is already residing in the United States. All applicants must attend a green card interview. If you’re approved, you’ll get your green card and may live as a permanent resident of the United States. People with family preference categories often have long wait times due to backlogs. You must expect costs associated with medical exams, filing fees, and possible legal fees.