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The U.S. Immigration & Nationality Act permits certain United States citizens or permanent residents to sponsor qualifying family members for U.S. permanent residence (Green Card) status. The qualifying relationships are strictly limited under U.S. law and "per country" numerical caps on the number of immigrants permitted U.S. visas based upon family sponsorships are also imposed by law.Family-sponsored immigration had an overall cap imposed by law of 480,000 visas for the Year 2000. Importantly, there is no numerical cap on the number of Immediate Relatives who may be issued Immigrant Visas in any year. Because of the limits on the numbers of Immigrant Visas available each year and the per country numerical visa caps imposed, lengthy waiting periods in many family-based immigration categories have developed over the years.
Not all family relationships serve as a basis to file an application for U.S. permanent resident status. There are two basic categories;
- Immediate Relatives; and Preference Immigrants.
These two basic family-based immigration categories are further defined as follows:
- Immediate Relatives (no limit on number of visas available)
- Spouses of U.S. Citizens:
- Minor children (under 21) of U.S. Citizens:
- Parents of U.S. Citizens, provided petitioner is at least 21 years old:
- Spouses of deceased U.S. Citizens who were married for at least two years at the time of their citizen spouses deaths (provided couple was not legally separated at that time and provided immigrant petition filed within 2 years of death)
- Preference Immigrants (visa number limits imposed)
- First Preference: Unmarried sons or daughters of U.S. citizens (those who are 21 years of age or older);
- Second Preference:Spouses or children of alien lawfully admitted for permanent residence (Green Card holders); or Unmarried sons or unmarried daughters of aliens lawfully admitted for permanent residence.
- Third Preference: Married sons or daughters of citizens of the United States.
- Fourth Preference: Brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age.
- Derivative Beneficiaries: The spouse or child of the principal alien under the family-sponsored preference is entitled to the same status and order of consideration, if accompanying or following to join the spouse or parent.
U.S. citizens or permanent residents who seek to sponsor one of the qualifying family-based immigrants listed above must file an I-130 Immigrant Petition for Alien Relative with the U.S. Bureau of Citizenship and Immigration Services (BCIS) Regional Service Center having jurisdiction over the state of intended residence. Different filing procedures and options exist for relatives who may already be in the United States. For those relatives residing outside of the United States, the petition is filed with the BCIS and once approved, an application for Immigrant Visa is processed through the nearest United States Embassy or Consulate provided that visa numbers are available for the immigrant. The BCIS function in the process is to determine whether the necessary family relationship exists. The Embassy must determine whether the immigrant meets admissibility standards (criminal and medical) before issuing an Immigrant Visa to the immigrant.
Yes. Applications can be filed but under new legislation passed in 1998, the Immigrant Visas will not be issued to family-based immigrants unless and until the citizen or permanent resident sponsor demonstrates evidence of having a U.S. domicile. In practice, the I-130 Immigrant Petition may be filed now and approved by BCIS but the Embassy or Consulate could not issue Immigrant Visas until proof of domicile has
been established.
Yes. Under new legislation all family-based applications must be supported by an "Affidavit of Support" from the U.S. citizen or permanent resident sponsor. The Affidavit of Support must demonstrate that the sponsor has income or assets or a combination thereof greater than 125% of the stated poverty guidelines. U.S. tax returns from the Sponsor for each of the three (3) years preceding the visa interview in which the sponsor was obligated to file tax returns will be required.
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