Joseph S. De Amorin, Esq.

Family based Immigration

Family based immigration is determined on a preference system according to the status of the petitioner and the relationship between sponsor and beneficiary. A limited number of visas are available each year for family based immigration. The beneficiaries are divided into two main categories:
1) immediate relatives of US citizens
2) preference immigrants.

Both categories are counted toward the total number of family based immigrant visas allowed each year. The limited number of visas available means that preference immigrants will generally wait years becomes available. Even immediate relatives need to wait several months to a year or more to obtain a visa.

Immediate relatives of US citizens include:
? spouses
? unmarried children under 21 years of age
? parents of US citizens over the age of 21
? spouses of deceased US citizen if married for over 2 years at the time of the spouse?s death.

All immediate relatives are exempt from category limits on visas and are not subject to per country limits. This means that immediate relatives can quickly proceed with adjusting status or consular processing based on the filing of an I-130 immigrant petition.

Preference immigrants include the following:
? Unmarried children of US citizens over the age of 21.
? Spouses and unmarried children under 21 of green card holders.
? Unmarried children over 21 of green card holders.
? Married children of US citizens.
? Brothers and sisters of US citizens when the petitioner is at least 21 years old.

A spouse or an unmarried child under 21 years of age of a preference immigrant may join the preference immigrant as a derivative beneficiary. Preference immigrants are subject to the general limits on family immigration.

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