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Family Immigration Categories

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Brief overview of the different categories available for Family-Sponsored Immigration

Published in: Education, Self Improvement
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Family Immigration Categories

  1. 1. Family-SponsoredImmigration Categories by Marshall H. Hong, J.D. www.Hong-Immigration.com www.ImmigrationInfoSite.com
  2. 2. The “Petitioner”Must be either: A U.S. Citizen (by Birth, Naturalization, or Derivation); or A Permanent Resident (including Conditional Residents)Must be at least 21 years old to Petitionfor Parents or Siblings
  3. 3. U.S. Citizen PetitionerA U.S. Citizen can Petition for: Parents Spouse Children Sons & Daughters (Married or Unmarried) Brothers and Sisters Fiance
  4. 4. Permanent Resident Petitioner A Permanent Resident (or Conditional Resident) can Petition for: Spouse Children Unmarried Sons & Daughters
  5. 5. Spouse (Husband or Wife)Must be a “bona fide” (good faith) marriage All prior marriages must have been lawfully terminated Marriage must be legal in the place where it was concluded Must not have been entered into solely to gain immigration benefitsSame-Sex Marriages not currently recognized
  6. 6. “Children”Under Immigration Law, “Children” aredefined as: Under 21 years of age Not Married Includes Step-Children and Adopted ChildrenIf over the age of 21, will fall into theCategory of “Sons & Daughters”
  7. 7. Step-Children & Adopted ChildrenStep-Children can be petitioned for if: The marriage creating the step relationship was entered into before the child reached age 18Adopted Children can be petitioned for if: The adoption was completed before the child reached age 16; or Before the child reached age 18 if adopted along with a younger sibling, before the younger sibling reaches age 16
  8. 8. ParentsCan include Step-Parents and AdoptiveParents IF: For Step Parents: The marriage creating the step relationship was entered into before the child reached age 18 For Adoptive Parents: The adoption was completed before the child reached age 16; or Before the child reached age 18 if adopted along with a younger sibling, before the younger sibling reaches age 16
  9. 9. Brothers & SistersThe Petitioner and the “Beneficiary”must have at least one parent incommon
  10. 10. FianceA U.S. Citizen can petition for his or her Fianceif: Both the Petitioner and his or her Fiance are free to marry (all prior marriages terminated); The Petitioner and his or her Fiance have met in person at least once during the 2-year period prior to filing the Petition; and The Petitioner and Fiance intend to conclude a marriage within 90 days after the Fiance arrives in the U.S.
  11. 11. Beneficiary Must Fall Into One of the Family Categories For a U.S. Citizen or Permanent Resident to petition for a family member, the family member must fit into one of the Family Categories. Example: USC cannot petition for grandparents, uncles, aunts, cousins, nieces, or nephews (unless the family member falls into one of the Family Categories through a qualifying adoption)
  12. 12. Beneficiary Must Fall Into One of the Family Categories Example: LPR cannot petition for Parents, Married Sons & Daughters, or Brothers & Sisters (unless the family member falls into one of the Family Categories through a qualifying adoption)
  13. 13. Other Family Relationships Certain Family Members of U.S. Citizens can “Self-Petition” to become Permanent Residents: Widows of U.S. Citizens Abused Spouses & Children of U.S. Citizens
  14. 14. For More Information, visit us at:www.ImmigrationInfoSite.com www.Hong-Immigration.com or contact Marshall Hong by email at: Marshall@Hong-Immigration.com

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