Family Immigration

U.S. citizens or permanent residents can invite their family members to receive permanent residency,

which is divided into five categories as follows.

1. Immediate family members of citizens

If you belong to the immediate family of a citizen, you have the advantage of being able to apply for permanent residency right away without being limited by quotas.

To fall into this category, you must be the spouse, parent, or unmarried child of a citizen under the age of 21. If you fall into this category, you can apply for permanent residency even if your status is illegal in the United States. However, undocumented immigrants do not fall under this category.

 

In other words, those who entered the country illegally cannot apply for permanent residency even if they marry a citizen. Currently, it takes between 6 months and 1 year to receive permanent residency. However, if you have been married to a citizen for less than two years and have filed a petition for permanent residency, you will be granted temporary permanent residency for two years, and other family members will immediately receive permanent residency.

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2. Adult unmarried children of citizens

This applies to unmarried children of citizens over the age of 21. Currently, it takes about 5-6 years.

3. Spouses and children of permanent residents

If the inviter is a permanent resident, the specific targets that can be invited are as follows.

It should be noted here that permanent residents are not invited by their parents. After acquiring citizenship to invite parents

You can apply as an immediate family member of a citizen.

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1) Spouse or unmarried minor child of a permanent resident

This includes spouses of permanent residents and unmarried children under the age of 21. Currently it takes about 4-5 years. In this category, the minor child may be an unmarried child under the age of 21 at the time the petition was first filed, but the child may be over the age of 21 while waiting for the door to be opened. In this case, the period from receipt of the petition to approval under the Child Status Protection Act is subtracted from the age at the time of application for permanent residency. However, if you are over 21 years of age, you become an adult unmarried child of a permanent resident, and if you get married during that time, you will no longer be able to enjoy the benefits of being a child of a permanent resident.

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2) Adult unmarried children of permanent residents

As a child of a permanent resident, you can invite a child over the age of 21, but you must remain unmarried until you obtain permanent residency later. Currently, it takes about 9-10 years. For children of permanent residents, the procedures that have been carried out are completed at the same time as they get married. The reason is that married children of permanent residents are not included in the family invitation list.

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3. Family immigration 3rd priority: married children of citizens

Currently, it takes about 7 years to process permanent residency for a married child of a citizen, and the spouse and children of a married child can also apply for family immigration together as an accompanying family. If a married child of a citizen has a child, the age of the child is determined by the Child Status Protection Act (i.e., the time required from filing the petition to approval of the petition is deducted when applying for permanent residency), and whether or not it is possible to apply for permanent residency as an accompanying family member. is determined When you start the procedure, you are married, but if you get divorced while waiting, you do not have to go through the procedure again, and your application will be upgraded to an adult unmarried child of a citizen.

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4. Family immigration 4th priority: siblings of citizens

Siblings of citizens are eligible for invitation, and spouses of siblings and unmarried minor children can also apply for immigration as accompanying family members. The age of children of siblings is determined by the Child Status Protection Act, which determines whether they can apply for permanent residency together as accompanying family members. Currently, it takes about 11-12 years.

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Adoption immigration application requirements

The most important requirement for adoption immigration is that the adopted child must complete the adoption process before the age of 16. Here, “before the age of 16” means before the child’s 16th birthday.

And the adopted children must live together for two years under the legal guardianship of their adoptive parents. The two-year residence period here includes both before and after the adoption decision. The time it takes to receive an adoption decision in the U.S. court varies from state to state, but usually takes between six months and one year.

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Applicant

The person inviting the adopted child may be single or married, but must be a U.S. citizen. If a married couple applies, one of the couple must be a citizen. To become a foster parent, you must pass pre-enlistment requirements set by the state.

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Quantum

Once the requirements for an immigration application for adoption are met, the adopted child will immediately become a U.S. citizen. Even if the adopted child becomes a U.S. citizen, the adoptive parent cannot be invited. Because even though they are of the same blood, the legal parentage relationship has already been severed.