FAMILY BASED IMMIGRATION
Historically, family reunification has been the
basis of the principal policy of U.S. immigration
law. Family-based immigration, a tightly regulated
system, allows for close relatives of U.S. Citizens
and Legal Permanent Residents (LPR) to rejoin their
families here in America.
Family-based immigrants are admitted to the U.S.
either as immediate relatives of U.S. citizens
or through the family preference
system.
Immediate Relatives are:
Spouses of U.S. citizens
Spouses of deceased U.S. citizens (under certain
conditions)
Unmarried children (under 21 years of age) of U.S.
citizens
Parents of U.S. citizens (petitioner must be at
least 21 years old)
Persons who qualify as immediate relatives of U.S.
citizens are so highly preferred as candidates for
immigration that, unlike most other candidates,
no numerical limitation is placed on the number
of immediate relatives of citizens who may become
permanent residents in any one year.
A person who marries a citizen can qualify for
immigration in this category. The marriage must
not be a 'sham,' - that is, one entered into in
order to obtain an immigration benefit. The marriage
must be legally entered into - that is, parties
were free to marry, all prior divorces were legal,
and the marriage formalities themselves are recognized
as legal in the jurisdiction where the marriage
occurred. The marriage must still legally exist
- the parties cannot be divorced or legally separated.
However, if the parties are separated, but have
not yet entered into a legal separation agreement,
it is still a valid relationship for immigration
purposes.
The spouse of a citizen whose marriage was
created within two years prior to being granted
permanent residence is granted residence
on a conditional basis. He or she
is a full permanent resident in all respects - eligibility
for employment, ability to travel freely in and
out of the United States, accumulation of time toward
compliance with residence and physical presence
requirements for naturalization as a U.S. citizen.
However, that residence is subject to termination
within two years after it is granted, if the marriage
has been terminated by divorce or annulment during
that period, or the marriage turns out to be sham.
Spouses of deceased citizens qualify as immediate
relatives for whom immigration may be sought under
some circumstances. In order to qualify, the alien
must have been the spouse of the deceased citizen
for at least two years and must not have been legally
separated or divorced at the time of the citizen's
death. The alien spouse must file a relative immigrant
visa petition within two years of the date of death
and must not be remarried at that time. Alien spouses
seeking residence on this basis must use a different
form (Form 1-360) than other family-sponsored immigrants,
which they can file themselves. The unmarried minor
children of the alien spouse may be included in
the petition as well, under a provision of the technical
corrections bill passed by Congress in October 1994.
Family Preference System
The new Immigration Act of 1990 significantly changed
certain aspects of family sponsored immigration
in the United States. The present four family preference
categories are as follows:
1. First Preference : Unmarried sons and daughters
(any age) of U.S.citizens
2. Second Preference : Spouses, unmarried sons
& daughters of LPRs
3. Third Preference : Married sons & daughters
of U.S. citizens
4. Fourth Preference : Brothers & sisters of
U.S. citizens
Unused visas (if any) from higher preference categories
may be allocated to lower categories.
The new Act also allows 75% of these visas to be
distributed without regard to individual country
quotas.
Related Links on Family Immigration
Immigration
through a Family Member
Bringing
my Spouse to live in the U.S.
Bringing
my Children to live in the U.S.
Bringing
my Parents to live in the U.S.
Bringing
my Brother/Sister to live in the U.S.
Family Reunification Act of 2001
How
Do I Prevent My Child from Losing Benefits at Age
21 (‘Aging Out’)
