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Family-Sponsored Immigration Petitions
Classification and Preference Category
Some one wants to become a lawful permanent resident based on the fact that his/her have a relative who is a citizen of the
United States or a relative who is a lawful permanent resident, he/she can apply immigration through Family-Sponsored Immigration Petition. The Family-Sponsored Immigration Petitions
are divided into Preferences Categories, and if their immigrant visa petition is approved, they must wait for an
immigrant visa number to become available according to the preference system.
An exception exists for “immediate relatives” of
U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, who do not have to wait for an immigrant visa number to become available once the immigrant visa petition filed for them is approved. An immigrant visa number will be
immediately available for immediate relatives of
U.S. citizens.
The relatives in the remaining categories must wait for a visa number to become available according to the following preferences:
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First Preference:
Unmarried, adult sons and daughters of
U.S. citizens. Adult means 21 years of age or older.
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Second Preference:
Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
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Third Preference:
Married sons and daughters of
U.S. citizens.
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Fourth Preference:
Brothers and sisters of adult
U.S. citizens.
The higher the preference, the quicker the alien will be eligible to receive a green card. The following is the table of family-sponsored immigration petition:
Table of Family Sponsorship by a
US Citizen
SPONSORSHIP BY
US CITIZEN
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SPONSOR
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BENEFICIARY
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IMMEDIATE RELATIVE
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PREFERENCE
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DERIVATIVE BENEFITS
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COMMENTS
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USC
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Wife or Husband
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Yes
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No
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USC
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Child under 21and unmarried
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Yes
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No
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Separate petition is needed for each child
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USC
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Son or Daughter over 21, unmarried
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No
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F1
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Yes
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Only one petition is needed for the son or daughter. No petition is needed for son or daughter's family
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USC
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Son or Daughter , married
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NO
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F3
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YES
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USC
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Mother or Father
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YES
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No
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Separate petitions are needed for the mother and for the father
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USC
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Brother or Sister
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No
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F4
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Yes
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Very long wait, 10 years or more
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USC
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Grandparents, Uncles, Aunts, Cousins
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|
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No sponsorship is possible
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Table of Family Sponsorship by a
US Permanent Resident
SPONSORSHIP BY PERMANENT RESIDENT (LPR)
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SPONSOR
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BENEFICIARY
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IMMEDIATE RELATIVE
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PREFERENCE
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DERIVATIVE BENEFITS
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COMMENTS
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LPR
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Wife or Husband
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No
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F2A
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Yes
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LPR
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Child under 21and unmarried
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No
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F2A
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Yes
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A child needs a separate petition only if not joining in a parent's petition
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LPR
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Son or Daughter over 21, unmarried
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No
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F2B
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Yes
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Only the son or daughter needs a petition, children of the son or daughter will be included in the son or daughter's petition
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LPR
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Son or Daughter, married, any age
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|
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No sponsorship is allowed
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LPR
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Mother or Father
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LPR
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Brother or Sister
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LPR
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Grandparents, Uncles, Aunts, Cousins
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Petition Process
- Be eligible for lawful permanent residence based on a family relationship;
- File immigration petition for you by your relatives;
- The Department of State will determine if an immigrant visa number
is immediately available to you;
- If you are already in the
United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. If you are outside the
United States when an immigrant visa number becomes available for you, you must then go to the
U.S. consulate servicing the area in which you reside to complete your processing.
Preferences Can Change
Family preferences can change. When a Permanent Resident petitioner becomes a
US Citizen, petitions for family members are automatically changed to the categories for citizen sponsors (the beneficiaries go into Immediate Relative, Family 1, or Family 3 categories).
When the child of an Permanent Resident becomes 21 years old, the child is automatically dropped from Family 2A and put into Family 2B (which has a longer wait).
When a child gets married, that son or daughter drops from Family 2A or F2B to unqualified if the sponsor is a Permanent Resident.
Family-Based Immigration: FAQ
- I am a
U.S. citizen, and I am over 18. May I apply for immigration for my alien sister?
- No, you cannot. As a
US Citizen, you are eligible for filing immigration for your sister when you are at least 21 years old.
- I am a permanent resident. May I apply for immigration for my parents?
- No, you cannot. As a lawful permanent resident, you
are not eligible to petition to bring your parents to live and work permanently in the
United States.
- I am a
U.S. permanent residence. May I apply for immigration for my alien brother?
- No, as an LPR, you are not eligible to apply immigration for your alien brother.
- What if the Beneficiary needs to travel overseas while waiting for the Green Card?
- Due to the huge backlog within the USCIS, it may take up to two years for the Beneficiary to receive the Green Card after the application for adjustment of status has been submitted. During this waiting period, the Beneficiary can apply for an Advance Parole, which allows him or her to travel overseas and come back to the
United States without affecting the Green Card application. The only prerequisite for an Advance Parole is that the Beneficiary has maintained a legal status throughout his or her stay in the
United States.
- What is a Conditional Green Card?
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A Conditional Green Card is issued to the Beneficiary if the Beneficiary is the spouse of the
U.S. citizen Sponsor and the marriage occurred less than two years before the Beneficiary is admitted as a
U.S. permanent resident. Both spouses need to jointly petition to remove the condition within 90 days before the second anniversary of the Beneficiary's admission as a permanent resident. Failure to do so will result in the termination of the Beneficiary's conditional permanent residence.
Q. Who is eligible to
be a sponsor?
A. To be a sponsor of
an immigrant relative,
you must be at least 18
years old and a U.S.
citizen or a lawful
permanent resident. You
must have a domicile in
the United States or a
territory or possession
of the
United States.
Usually, this
requirement means you
must actually live in
the United States, or a
territory or possession,
in order to be a
sponsor. If you live
abroad, you may still be
eligible to be a sponsor
if you can show that
your residence abroad is
temporary, so that you
still have your domicile
in the United States.
You also must meet
certain income
requirements. You must
show that your household
income is equal to or
higher than 125 percent
of the U.S. poverty
level for your household
size. Your household
size includes you, your
dependents, any
relatives living with
you and the immigrants
you are sponsoring.
- Who may be a co-sponsor?
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Basically to be a co-sponsor, a person must be a
U.S. citizen or permanent resident, 18 years of age or older, and must fulfill the domicile requirement, the affidavit requirement, and the income requirement.
Q: What is an
affidavit of support?
A: If you are
bringing a relative to
live permanently in the
United States, you must
accept legal
responsibility for
financially supporting
this family member. You
accept this
responsibility and
become your relative's
sponsor by completing
and signing a document
called an affidavit of
support. This legally
enforceable
responsibility lasts
until your relative
becomes a U.S. citizen
or can be credited with
40 quarters of work
(usually 10 years.)
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