::FAMILY BASED IMMIGRATION:: OVERVIEW
This article will begin our
series on family-based immigration with a general overview of the process. Immigration through a family member who is a US citizen or
permanent resident is the most common way of gaining US residency.
All that is required is the qualifying family relationship.
The ease with which a person can immigrate through a family member is in
keeping with American notions of the importance of the family.
The first question to
address in a family-based immigration case is whether a qualifying family
relationship exists. Qualifying relationships are grouped into two main
categories – immediate relatives and other close family members.
Immediate relatives of US citizens are given special preferential
treatment. First and foremost, they are allowed to immigrate in unlimited
numbers. The following are
immediate relatives:
·
Spouses
·
Children, unmarried and under 21
·
Parents
Other close family members
of citizens and permanent residents are also allowed to immigrate, subject to
annual numerical limitations. The
following are other relatives who are allowed to immigrate, and the annual
limits on each category:
·
Unmarried adult children of citizens – 23,400
·
Spouses and unmarried children of permanent residents – 114,200
·
Married adult children of citizens – 23,400
·
Siblings of citizens – 65,000
There
are many technical rules relating to the allotment of visas in this group, as
well as definitions of the family relationship. These will be discussed in a future article.
Preparing the INS application
The elements of the application that must be submitted to the INS are the same
for each type of family member. The
main INS form that is used in all family cases is the I-130 Petition for Alien
Relative. The petitioning relative
must complete this form. The
application must include documentation of the qualifying family relationship,
and of the petitioner’s status as a citizen or permanent resident.
The filing fee is $110. When
the application is made for a spouse, it must include copies of Form G-325A –
Biographic Information for each spouse, as well as two color photos of each
spouse. When the application is
filed for an immediate relative not subject to annual numerical limitation and
the relative is in the US, an application for adjustment of status may be filed
at the same time.
If the petitioner is in the US, the application is filed with either the
appropriate INS Service Center or INS local office. Applications for immediate relatives are filed with local
offices, and those for other relatives are filed with the Service Center.
If the petitioner is outside the US, they may file the application either
with the Service Center that had jurisdiction over the place where they last
resided in the US, or with the overseas INS office that has jurisdiction over
their overseas residence. If the
petitioner is overseas on US government business, the application is filed in
the US. In some cases, a petitioner
residing outside the US may file the application with the US consulate having
jurisdiction over their residence. However,
not all US consulates accept such petitions.
If the application is in order and shows the qualifying relationship, if the
alien is an immediate relative, they can either adjust status or immediately
apply for an immigrant visa at a US consulate.
If the alien is not an immediate relative, they must wait until a visa
number become available to either adjust status or apply for an immigrant visa.
In such cases, the priority date is the date on which the INS received
the complete application.
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