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Family at home

Family-Based

The Family Based Immigration process is governed by a system of immigrant visas, each of which establishes specific terms and conditions for entering and remaining in the United States. An Immigrant visa granting Legal Permanent Residency is also commonly referred to as a “Green Card.”

Family-Based Immigration

The Family Based Immigration process is governed by a system of immigrant visas, each of which establishes specific terms and conditions for entering and remaining in the United States. An Immigrant visa granting Legal Permanent Residency is also commonly referred to as a “Green Card.”;

 

US Citizenship and Immigration Services (USCIS) issues Immigrant visas (green cards) based on a quota system. For Family Based Immigrant visas, a system of preference categories is used in addition to the quota system.

 

The application process for Family Based Immigration includes submitting a petition with the USCIS. The application waiting period will fluctuate, but usually takes several months to several years.

Marriage

Spouse of a U.S. Citizen.
A spouse of a U.S. Citizen can qualify for an Immigrant visa (green card) as an “Immediate Relative” and can apply immediately. After submitting the application, the whole process usually takes about six to eight months, however, a spouse of a U.S. Citizen can typically qualify for a work permit in approximately four to six weeks.

A U.S. Citizen spouse might qualify for a K-3 Visa.
There is no quota for this type of visa.

Spouse of a Legal Permanent Resident.
A spouse of a Legal Permanent Resident can apply for an Immigrant visa (green card). There is a waiting period of several years, depending on the nationality of the applicant. This type of visa is subject to a quota.

Parents

Parents of a U.S. Citizen, if the Citizen Child is at least 21.
A parent of a U.S. citizen, who is at least 21, qualifies as an “Immediate Relative” and can apply for a green card immediately. After submitting the application, the whole process usually takes about one year. There is no quota for this type of visa.

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Parents of a U.S. Citizen who is under 21.
Does not qualify for an Immigrant visa (green card).

 

Parents of a Legal Permanent Resident.
Does not qualify for an Immigrant visa (green card).

Children

Unmarried Child below 21 years of age who has at least one U.S. Citizen parent.

Unmarried child below 21 years of age who has a U.S. citizen parent qualifies for an Immigrant visa (green card) as an immediate relative and can apply immediately. After submitting the application, the whole process usually takes about one year. There is no quota for this type of visa.

 

Married Child over the age of 21 of at least one U.S. Citizen parent.
Married child over the age of 21 of at least one U.S. citizen parent qualifies for an Immigrant visa (green card) and there is a waiting period of several years. This type of visa is subject to a quota.

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Unmarried Child under 21 years old of a Legal Permanent Resident.
Children under 21 years old of a Legal Permanent Resident qualifies for an Immigrant visa (green card) and there is a waiting period of several years. This type of visa is subject to a quota.

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Unmarried Sons and Daughters over the age of 21 of a Legal Permanent Resident.
Unmarried sons or daughters over the age of 21 of a Legal Permanent Resident qualify for an Immigrant visa (green card) and there is a waiting period of several years. This type of visa is subject to a quota.

Brother/Sisters

Brothers and Sisters of U.S. citizens, where the U.S. citizen is at least 21 years old.
Brothers and sisters of a U.S. citizen, where the U.S. citizen is at least 21 years old, qualify for an Immigrant visa (green card) and there is a waiting period of many years. This type of visa is subject to a quota.

 

Brothers and Sisters of a Legal Permanent Resident.
Does not qualify for an Immigrant visa (green card).

Adoption

Parents and children related through adoption.
If the adoption took place before the child reached the age of 16, parents and children related through an adoption may qualify for an Immigrant visa (green card).

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Step-children and Step-parents.
If the marriage creating the relationship took place before the child’s 18th birthday, then the child may qualify for an Immigrant visa (green card).

Fiancé (K1/K3 Visas)

K-1

A fiancé of a U.S. citizen is eligible for a K-1 visa, which allows a fiancé to enter the U.S. to marry the petitioner within 90 days. The application process for K-1 visa generally takes between 4-24 months depending on the nationality of the fiancé.

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K-3.
A spouse of a U.S. citizen is eligible for a K-3 visa. A K-3 visa allows a spouse of a U.S. citizen to enter the U.S. while awaiting the results of a pending green card application. The application process for K-3 visa takes between several months to one year.

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