Family Immigration Categories"Immediate Relative" Categories Spouses: A U.S. citizen may petition for his or her spouse as an immediate relative as long as the marriage is legally valid. Parents: A U.S. citizen may petition for his or her parents as long as the U.S. Citizen is over the age of 21. Children: U.S. citizens may petition for their kids who are unmarried and under the age of 21. The Family-Based Preference Categories First Preference--unmarried sons and daughters of U.S. citizens. Second Preference--spouses and unmarried sons and daughters of permanent residents. This category is divided into two subgroups: Family 2A - Spouses and children under the
age of 21; Third Preference--married sons and daughters of U.S. citizens. Fourth Preference--brothers and sisters of U.S. citizens. Conditional Permanent Residence for Spouses If a person obtains lawful permanent residence based upon marriage to a US Citizen or to a lawful permanent resident and the couple has been in a legal marriage for less than two years, that person is granted "conditional permanent resident" status. This status lasts for two (2) years from the date that the person becomes a conditional permanent resident, not two years from the date of the marriage. This person must petition to remove the conditions. If the parties are still married, additional paper work must be filed during the ninety (90) days immediately before the second anniversary of the date this person received the conditional status. If a joint petition cannot be filed, the "conditional permanent resident" can file a waiver under certain circumstances. Affidavit of Support An Affidavit of Support must be completed by U.S. citizens and lawful permanent residents who sponsor family members who come to this country. The citizen or permanent resident sponsor must show that his/her household income level is at or above 125% of the federal poverty level. If the sponsor's household income does not meet these federal requirements, evidence of assets may be considered in determining the sponsor's ability to support the immigrant. If the sponsor neither has the household income nor the assets, another person may serve as a joint sponsor. This joint sponsor must meet all sponsorship requirements, and be willing to provide any and all financial support to assist the sponsor in maintaining the sponsored immigrant. |