Family Immigration 親屬移民
The family-based application process begins with a petition filed by a U.S. citizen or lawful permanent resident to request an immigrant visa for their qualifying relative. Each petition must be accompanied by evidence of the petitioner's status and the qualifying relationship. An approved petition will allow the relative to submit their own application for permanent residence.
Immediate Relatives
U.S. citizens may petition for their immediate relatives, which are defined as
- spouses
- parents
- children who are unmarried and under 21
Petitions based on these three relationships are not subject to any visa quotas, allowing the relative to immediately apply for permanent residence.
Fiancé(e) Visas
A special visa category (K) was also created to allow fiancés and fiancées of U.S. citizens to come to the United States to get married. A detailed interview is conducted at the U.S. Consulate in their home country, similar to an immigrant visa interview, and the visa will only be valid for one entry. The couple have up to 90 days to marry after the fiancé(e) enters the U.S., and the permanent residence application can be filed as soon as they are married.
Extended Family
Additional family-based petitions are limited by annual quotas that have resulted in 5 to 20 year wait times in some categories. Family-based petitions may be filed in the following categories:
(1) unmarried sons and daughters of U.S. citizens;
(2a) spouses and children of permanent residents;
(2b) unmarried sons and daughters (over 21) of permanent residents;
(3) married sons and daughters of U.S. citizens; and
(4) brothers and sisters of adult U.S. citizens.
Waivers
The family-based immigrant petition may be approved even If the foreign relative has a criminal history, unlawful entry, or is otherwise ineligible for a green card. The immigrant petition does not provide a separate lawful status in the U.S., but is a necessary step to obtaining a green card. D.Ray Mantle advises families on whether a waiver is available for their situation, and assists in preparing waiver applications for qualified individuals. Waivers generally depend on whether a qualifying U.S. relative would suffer extreme hardship if the foreign relative was unable to stay in the United States, and several other related factors. Please contact Mr. Mantle directly if you need assistance with a waiver application.