Before enactment of comprehensive immigration laws, foreign national families crossed the Atlantic Ocean in droves to immigrate to the United States. Mothers, fathers, children, grandparents and all sorts of family members immigrated at once. Most didn’t speak English, and some never would. We see these historical moments captured through places like Ellis Island, Philadelphia and Baltimore. A medical exam, valid ID or passport and quick stamp was all it took to successfully immigrate to the United States. Today, this is not the case.
The most recent immigration law – The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 – separates family-based immigrants into categories. Family members – no matter how old – must now undergo the same medical, criminal, national-security and other background checks as every other person who wishes to immigrate to the United States. The current family-based preference categories are as follows:
- Immediate Relatives: Spouses, children (under 21) and parents of adult (over 21) U.S. citizens
- Family Based Preference 1 (F1): Adult, unmarried children (and their minor children) of U.S. citizens
- Family Based Preference 2 (F2):
(F2A): Spouses and children (under 21) of Legal Permanent Residency (green card) holders.
(F2B): Adult, unmarried children (over 21) of Legal Permanent Residency (green card) holders - Family Based Preference 3 (F3): Married adult children (and their spouses and minor children) of U.S. citizens
- Family Based Preference 4 (F4): Brothers and sisters (and their spouses and minor children) of U.S. citizens (so long as the U.S. citizens is over 21 years old)
The law allows for other quasi-family categories, such as fiancés of U.S. citizens, undocumented military spouses and children, widows and widowers of U.S. citizens, and certain spouses, parents and children who have been abused through their U.S. citizen relative, to obtain legal permanent status.
Immediate Relatives
Immediate relatives are the most protected category in family-based immigration. Immediate relatives do not need to wait for a visa to become available and in most situations, they can adjust status at the same time as the visa application. Unlike other categories, certain inadmissible factors may be waived in order to obtain a green card. For example, overstaying a visa, violating the terms of a visa or working without authorization are usually excused so long as there is no fraud involved.
In addition, marrying a U.S. citizen certainly has its perks. Green-card holding spouses of U.S. citizens may apply for citizenship before the five-year requirement for almost all other green-card holders. But, be careful: all spouses of U.S. citizens who have been married less than two years first receive a conditional green card. He or she must remove these conditions with their spouse two years later. The purpose of a conditional green card is to prevent abuse of these beneficial immigration laws. If a couple separates, divorces or some other situation arises, the foreign national must prove the marriage was entered in ‘good faith’.
Family-Based Preference Categories
For all other family-based preference categories, strict rules apply. Divorce always breaks the bond between immigrating spouses and their U.S. or legal permanent resident counterparts. Death, however, may not. If an unmarried adult child of a legal permanent resident gets married, he or she forfeits the right to immigrate. In addition, if an unmarried adult child of a U.S. citizen gets married, his or her category and wait time drops to the F3 category. This could mean the difference between a few months , a few years or even decades.
These categories also carry a wait time, which is called a priority date. Every month, the priority date changes on the Visa Bulletin. Sometimes, a priority date takes years, even decades, to become current. For example, brothers and sisters of U.S. citizens from certain countries like Mexico and Philippines will wait over twenty years for the chance to immigrate to the United States. Once the priority date becomes current, a family member may apply for a visa/green card at the local U.S. Consulate or apply to adjust status. Unlike immediate relatives, these family members must maintain proper immigration status if they wish to adjust in the United States.
Quasi-Family Based Categories
The remaining quasi-family categories allow for non-family members to stay/immigrate to the U.S. and obtain a green card. Fiancés of U.S. citizens may apply for a visa to enter the U.S., marry his or her U.S. citizen partner and eventually obtain a green card. Widows and widowers of U.S. citizens may obtain a green card so long as the proper paperwork was filed within two years of the spouse’s death. Even children may obtain green cards on their own. If a juvenile delinquency judge finds a child’s best interest would be not to return home, that child may obtain a Special Immigrant Juvenile Status (SIJS). Lastly, under a law called the Violence Against Women Act, an abused spouse, child or parent of a U.S. citizen or green card holder may self-petition to obtain a green card and be free from the hidden domestic abuse they incur.
Hire An Attorney
One wrong step in the immigration process could mean forfeiture of thousands of dollars, years of waiting and further family divide. If you are a U.S. citizen or Legal Permanent Resident (LPR) who wishes to sponsor family, or obtain status through other quasi-family means, feel free to contact me today!
With an office in Upper Darby, Pennsylvania, I practice throughout the Greater Philadelphia Area. If you are located in suburban Bucks, Chester, Delaware, Lehigh, Montgomery ,York and Philadelphia Counties contact me today for a consultation regarding your or your loved one’s immigration status.