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The United States Immigration Policy strongly promotes family unity. As such, there are a variety of different ways you can qualify to be sponsored by a family member who is a citizen or green card holder, in some cases, in the USA.
Family Class sponsorship can be broken up into two categories: Immediate Relative or Family Preference.
Immediate family members are classified as a:
Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.
When it comes to the Family Preference category, US Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available. As such, they must wait to apply on a yearly basis when their category becomes available
Under family based sponsorship, there are essentially two main categories under which you can apply:
Under the immediate relative category, you can qualify if you are the:
Through the family preference category, you can sponsor family relationships considered to be more distant than immediate family members and other more specific scenarios. This includes:
If you are sponsoring an immediate relative child who turns twenty one, they will generally now fall under the first preference category. This means that they will no longer qualify under the immediate family member category nor will they be given preferential processing. This means they will have to wait for their visa number to become available.
As such, this change of age could result in a delay in their processing or change of status as they await the availability of their visa number. This means that if you qualify, time may be a factor. You should apply sooner than later to avoid such changes to your application.
Similar changes can occur when the immediate relative child gets married. As such, they would no longer qualify and the above mentioned changes would also apply.
If you qualify for the above categories, you will need to go through a two-step process to attain Legal Permanent Residence (LPR) status.
In the first step, a US citizen or permanent resident relative must file a visa petition with US Citizenship and Immigration Services (USCIS). Pending approval of the visa petition, you will then apply for your LPR status.
This second step may be through application for an immigrant visa from inside the US or through a consular post abroad through the Department of State.
For those qualified noncitizens who are already lawfully present in the United States, you may apply inland through an application to USCIS for an adjustment of status in the United States.
In both instances, the same qualifications must be met, including the availability of a current visa number, if applicable. This applies to those who fall under the family preference category.
Akrami & Associates is here for you and your family. Regardless of whether you qualify as an immediate or family preference member, we will help you unify you with your loved ones in the USA and submit an application with the highest possible change for success. You can count on us to:
With Akrami & Associates, there is always a way!