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FAMILY-BASED IMMIGRATION

Family members including children, parents, spouses, and fiancé(e)s may qualify for permanent residence based on their relationship to a U.S. citizen or lawful permanent resident.

Relatives that Qualify for Permanent Residence

Relatives of U.S. citizens are considered immediate relatives if they are spouses, children under 21, or parents of the U.S. citizen.

Other relatives are classified under the preference system:

  • 1st Preference: Unmarried sons and daughters (over 21) of a U.S. citizen.
  • 2nd Preference: [2A] Spouses and children (under 21) of a permanent resident. [2B] Unmarried sons and daughters (over 21) of a permanent resident.
  • 3rd Preference: Married sons and daughters (over 21) of a U.S. citizen.
  • 4th Preference: Brothers and sisters of a U.S. citizen.

The first step is to file an immigrant visa petition. The immigrant visa petition for an alien relative can be filed at any time. The Petitioner must show proof of U.S. citizenship or permanent residence and documentary evidence of the qualifying relationship to the Beneficiary.

For a Preference category petition, once the Relative Petition is approved, the Application for Permanent Residence can be filed if visas are available. Visas are always available for immediate relatives of U.S. citizens. Beneficiaries under the preference system must wait until visas are available.

At the time the Application for Permanent Residence is filed, the Beneficiary may apply for work authorization and permission to travel outside the U.S. while the application is processing.

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