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Immediate
Relatives
One of the
easiest ways to immigrate is to have an immediate relative who is a
U.S. citizen. Spouses and minor (i.e., under 21) unmarried
children of United States citizens, parents of United States
citizens (provided the citizen is over 21 years old), and certain
spouses of deceased United States citizens can qualify for immigrant
visas as immediate relatives. There are no numerical limitations on
this category.
In addition,
(1) aliens who are born after the issuance to an alien of an
immediate relative visa, but before it is used to apply for
admission to the United States; and (2) aliens born to a lawful
permanent resident during a "temporary visit" abroad, are
likewise not generally subject to numerical limitations, and have
similar immigration benefits as the individuals described in the
paragraph above.
Family
Sponsored Preference Immigrants
I f you don't
have an immediate relative who is a U.S. citizen, then you may still
qualify for family-based immigration, if you are: (1) the adult
unmarried son or daughter of a U.S. citizen, (2) the spouse or minor
child of a permanent resident, OR the adult unmarried son or
daughter of a permanent resident, (3) the married son or daughter of
a U.S. citizen, OR (4) the adult brother or sister of a U.S.
citizen.
Each of these
categories has different characteristics, the most important of
which has to do with the maximum number of visas that may be granted
each year (which, consequently, affects the waiting period
involved):
The current
family-based preference categories and annual numerical limits are:
- Family
First Preference (unmarried sons and daughters of U.S.
citizens): 23,400 visas
- Family
Second Preference ((a.) spouses and unmarried minor children of
permanent resident aliens and (b) unmarried adult sons and
daughters of permanent resident aliens): 114,200 visas
- Family
Third Preference (married sons and daughters of U.S. citizens):
23,400 visas
- Family
Fourth Preference (adult brothers and sisters of U.S. citizens):
65,000 visas
The waiting
period or backlog for each category is indicated on the Visa
Bulletin published monthly by the State Department.
FOR MORE
INFORMATION:
Contact John
Byrley at tel: 410-719-1501.
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provided for general informational purposes and do not constitute legal advice
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Copyright ©
2004-2009 Byrley Law Office, L.L.C.
Columbia, MD
Tel.: 410-719-1501 Fax:
410-290-5285
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