The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.
Unlimited
Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
Returning Residents (SB): Immigrants who have lived in the United States previously, as lawful, permanent residents, and who are returning to live in the U.S. after a temporary visit of more than one year abroad.
Limited
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (Annual number of visas given out: 23,400)
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200 allowed) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400 given out each year)
Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000 annually)
Petition
Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship must obtain a Form I-130, Immigrant Petition for Relative, from the U.S. Citizen and Immigration Service (formerly the Immigration and Naturalization Service, or INS). The petitioning U.S. citizen or legal permanent resident must submit the Form I-130 to the USCIS office. Once the USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. The USCIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
Contact the Law Offices Of Michael M. Raheb, P.A. to schedule a interview appointment, and learn about additional instructions, such as how to pay the visa application processing fee.
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