Family Immigration Categories
"Immediate Relative"
Categories
Spouses: A U.S. citizen may petition for his or her
spouse as an immediate relative as long as the marriage is legally valid.
Parents: A U.S. citizen may petition for his or her
parents as long as the U.S. Citizen is over the age of 21.
Children: U.S. citizens may petition for their kids
who are unmarried and under the age of 21.
The Family-Based Preference Categories
First Preference--unmarried sons and daughters of
U.S. citizens.
Second Preference--spouses and unmarried sons and
daughters of permanent residents. This category is divided into two
subgroups:
Family 2A - Spouses and children
under the age of 21;
Family 2B - Unmarried children over the age of
21.
Third Preference--married sons and daughters of
U.S. citizens.
Fourth Preference--brothers and sisters of U.S.
citizens.
Conditional Permanent Residence for
Spouses
If a person obtains lawful permanent residence based upon
marriage to a US Citizen or to a lawful permanent resident and the couple has
been in a legal marriage for less than two years, that person is granted
"conditional permanent resident" status. This status lasts for two (2) years
from the date that the person becomes a conditional permanent resident, not two
years from the date of the marriage.
This person must petition to remove the conditions. If the
parties are still married, additional paper work must be filed during the
ninety (90) days immediately before the second anniversary of the date this
person received the conditional status. If a joint petition cannot be filed,
the "conditional permanent resident" can file a waiver under certain
circumstances.
Affidavit of Support
An Affidavit of Support must be completed by U.S. citizens
and lawful permanent residents who sponsor family members who come to this
country. The citizen or permanent resident sponsor must show that his/her
household income level is at or above 125% of the federal poverty level.
If the sponsor's household income does not meet these
federal requirements, evidence of assets may be considered in determining the
sponsor's ability to support the immigrant.
If the sponsor neither has the household income nor the
assets, another person may serve as a joint sponsor. This joint sponsor must
meet all sponsorship requirements, and be willing to provide any and all
financial support to assist the sponsor in maintaining the sponsored
immigrant. |
