Family-Based Immigration

Reuniting Loved Ones

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At the core of U.S. immigration law lies a deep commitment to family unity. The Immigration and Nationality Act reflects this principle by providing provisions that allow U.S. citizens and lawful permanent residents to petition for certain family members to join them in the United States, fostering family reunification.

Additionally, U.S. citizens have the option to petition for a K-1 fiancé(e) visa, allowing their partners to enter the country for the purpose of marriage.

Family members can immigrate through two primary pathways:

1. Immediate Relatives of U.S. Citizens:

   • Spouses of U.S. citizens

   • Unmarried children (under 21) of U.S. citizens

   • Parents of U.S. citizens (if the citizen is at least 21 years old)

2. Family Preference System:

   • First Preference: Unmarried sons or daughters (21 or older) of U.S. citizens

   • Second Preference:

     • Spouses and unmarried children (under 21) of lawful permanent residents

     • Unmarried sons or daughters (21 or older) of lawful permanent residents

   • Third Preference: Married sons and daughters of U.S. citizens

   • Fourth Preference: Brothers and sisters of U.S. citizens (if the citizen is 21 or older)

 

Quota System: It's important to note that the Immigration and Nationality Act imposes annual numerical limitations on the number of preference relatives admitted to the U.S. as immigrants. However, immediate relatives of U.S. citizens are exempt from these quotas. The allocation of immigrant visas within each family preference category is based on factors such as the preference category, the applicant's country of origin, and the order in which the application was filed (priority date).

 

Derivative Beneficiaries: Spouses and unmarried children (under 21) of principal beneficiaries under the family preference system are considered "derivative beneficiaries." They are eligible to immigrate under the same preference category and priority date as the principal beneficiary, without the need for a separate petition (except for the 2A preference category). Derivative beneficiaries can either accompany the principal beneficiary or join them at a later time, provided it's within six months of the principal beneficiary's immigration.

 

For up-to-date priority dates and processing times, please consult the U.S. Department of State Visa Bulletin. Our team at Marriage Green Card Advisors is dedicated to guiding you through this intricate process, ensuring a smooth and successful family reunification.