Much of the immigration to the
U.S. that occurs is through sponsorship by a family relative.
Family-based immigration allows for close relatives of U.S.
Citizens and legal permanent residents to rejoin their families
here in America. However, the system is based on categories,
each of which has strict annual limits in the number of immigrants
allowed each year. This creates backlogs, some of them quite
lengthy, in some of these family categories.
The "Immediate relative" category does not have
any limit or cap on the number of visas and therefore, there
is no "waiting period" other than the amount of time the INS
(or the U.S. consulate abroad) takes to process these visas.
These immediate relative categories are:
- Spouses of U.S. citizens;
- Unmarried minor children of U.S. citizens;
and
- Parents of U.S. citizens.
The other relative category have
limits or caps on the number of visas and therefore, there
are waiting periods, which can run from one to ten years or
more. These relative categories are:
- Adult children (unmarried) of U.S. citizens
(1st preference category)
- Spouses and minor children of legal permanent
residents (2nd preference)
- Adult children (married) of U.S. citizens
(3d preference category)
- Brothers and sisters of U.S. citizens
( 4th preference category)
The waiting periods for each of these visas can
be determined (approximately) by checking the U.S. Department
of State website or the Visa Bulletin which they publish.
Our office can also provide such information.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
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