US Family Class

US Family Class

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:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)

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

CATEGORIES

Under family based sponsorship, there are essentially two main categories under which you can apply:

  • As an immediate relative; or
  • Under Family Preference.

Under the immediate relative category, you can qualify if you are the:

  • Spouse of a U.S. Citizen;
  • Unmarried child under twenty one (21) years of age
  • Orphan adopted abroad
  • Orphan to be adopted
  • Parents of U.S. Citizens who are aged twenty one (21) years old

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:

  • Children of US Citizens and their dependent children, if any
  • Spouses, unmarried children over twenty one (21) years old, minor children
  • Married children and their minor children, if applicable
  • Siblings, their spouses and children, if applicable

Turning Twenty One (21)

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.

Process

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.

How We Can Help

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:

  • Draft the necessary forms;
  • Help you gather documentation that would attest to the genuineness of your relationship;
  • Assist you drafting important documents like personal statements and reference letters;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with USCIC on your matter to ensure the fastest possible processing time as well as keep up with the immigration numbers; and
  • Of course, be with you every step of the way.

With Akrami & Associates, there is always a way!

For more information on Family Sponsorship, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

A lot of American residents want to share their lives in the U.S with their families back home, and the U.S government provides people with opportunities to reunite with their families. In order to bring your family to the U.S you may have to:

  • First be at least 21 years of age or older if you are sponsoring siblings or parents. In all other categories 18 years or older.
  • File a petition for Alien relative, which is form I-130 with the department of Homeland Security, and U.S. Citizenship and Immigration Services. If you are a U.S. citizen living abroad, you may be able to file an immigrant visa petition outside the U.S.
  • A sponsor in the U.S may have to maintain a principal residence in the United States.
  • If you held a Lawful Permanent Resident (LPR) status and petitioned to sponsor your spouse or child, and are now U.S. citizen. You may have to upgrade your petition from second preference to immediate relative.
  • Once USCIC approves your petition, the National Visa Center will assign a case number.
  • You would have to pay appropriate fees.
  • Once the fees are paid you may need to submit civil documents, applications forms and more.

Sponsoring a loved one may be an exciting and exhausting experience at the same time. Sponsorship applications may be lengthy and document intensive and you want to make sure you compile a strong file.

We can help you, we have years of experience in immigration matters, and we can assist you with your application. You may contact us and our team of professionals will be happy to assist you.

Category

Immediate Relative

Family preference

What is it

This type of visa is provided for close family members of the U.S citizen.

This category allows more distant relatives to enter Canada.

Types of relative
  • Spouse of the US citizen
  • Unmarried children under 21 years of age
  • Orphan adopted by a U.S. citizen abroad
  • Or Orphan to be adopted abroad
  • Parents of U.S citizens
  • Married children and their spouses, and children
  • Brother and sisters and their minor children and spouses
  • Children of US citizens and their children

Limits

There are minimal limits in this category. The number of immigrants that may enter this category is not limited.

There are limits on the number of immigrants that may enter under this category. Each sub-category has a numerical limit.

Processing time

The relatives in this category are given priority, and they may be able to avoid visa lines.

Process may take longer, and there are only limited numbers of visas available.

Sub categories

There are no sub- categories

Sub- categories are:

  • Family first preference: unmarried children and their minors.
  • Second preference: unmarried children over 21
  • Third preference: married children and their spouses and children
  • Fourth preference: siblings of U.S citizens

Filing a family sponsorship petition may get complicated and dense, especially if you are attempting to sponsor a relative under the family preference category. If you require any assistance with your application, you may contact us and our team of professionals will be happy to assist you.

What are the steps to becoming a green card holder through family?

There are two categories for sponsoring your family members.

  • Immediate Relatives – spouse, unmarried dependent children, parents
  • Family preference- married children, siblings etc.

Under both these categories there are ways that you may be able to become a green card holder. Although, in most cases visa numbers are always available to immediate relatives

Immediate relatives may be eligible to apply for a green card from within U.S.

  • They would have to file form I-485, which is an Application to Register Permanent Resident or Adjust Status to become a permanent resident.
  • As the immediate relative of the family member you may file I-485, anytime after the U.S. citizen has filed the petition for Alien relative, and as long as I-130 has not been denied.
  • If I-130 has been approved you may apply for a green card though consular processing outside of the U.S.
  • Concurrent filling may also be available for immediate relatives.

Family Preference includes relatives not considered immediate relatives. You may follow the following steps to get a green card:

  • The U.S. citizen would have to file I-130 and it would have to be approved.
  • Second you have to wait for your priority date, and once you get your priority date, you may be able to file I-485.
  • If you are outside of U.S. you may be able to apply through consular processing.

It is important to note that the number of immigrants accepted under the family preference category is limited, and there is waiting period to receive a visa number.

We can help you throughout the process, and guide you in the right direction. If you require any assistance with your application, you can contact us and our team of professionals will be happy to assist you.

Page 3 of 3