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FAMILY-SPONSORED
IMMIGRANTS
The
Immediate relatives of U.S citizens are
not counted under the Family-Sponsored
preference category. The immediate
family members include spouses,
children, and parents.
The law establishes four preferences for
persons who are eligible for permanent
immigrant visas to the U.S. based upon
family relationships. The total numbers
of visas under this category is 480,000
visas.
First
Preference
Unmarried sons and daughter of
U.S. Citizens
The first preference comprises persons
who are the unmarried sons and daughter
of U.S. Citizens. This preference is
allotted 23,000 visas annually and
includes adult, divorced sons and
daughters of U.S. Citizens.
Second
Preference
Spouse and unmarried sons and
daughters of lawful permanent resident
aliens
This preference is allotted a minimum
total of 114,200. If a permanent
resident alien of the U.S. marries a
foreign person, the U.S. residents’
foreign spouse does not receive
permanent resident status until his or
her priority date is current.
Third
Preference
Married sons and daughters of
United States Citizens
This preference provides for a
total of 23,400 visas, plus any visas
that have not been used by the first two
family-sponsored preference groups.
Fourth
Preference
Brothers and sisters of United
States citizens
The fourth preference provides for a
total of 65,000 visas or twenty-four
percent of the worldwide annual quota
plus any visas that have not been
utilized by the first three
family-sponsored preference groups and
benefits qualified persons who are the
siblings of United States Citizens.
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Family of
Refugees & Asylees
Eligibility Criteria
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Spouse
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Child (unmarried and under 21 when
you first applied for asylum or
refugee status)
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As the Petitioner, you must be a
principal refugee or asylee. This
means that you were granted
refugee or asylee status directly
and did not obtain it through a
relative.
-
You entered the United States as a
refugee within the past two years
or were granted asylum within the
past two years.
-
You remain in refugee or asylee
status or have become a permanent
resident
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The family relationship to exist
before you came to the United
States as a refugee or were
granted asylum
Six Criminal
Grounds of Inadmissibility
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Conviction or admission of a crime of
moral turpitude or a crime involving a
drug offense. This designation refers
to those crimes that are indicative of
bad moral character, such as crimes of
theft, assault and battery, murder,
rape and the like.
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Conviction of two or more crimes if
the combined custodial sentence
imposed is for five years or longer
regardless of whether or not the crime
arose form a single stream of events
or whether or not the crimes were of
moral turpitude.
-
When the consular or immigration
officer knows or has reason to believe
that the alien is or was a drug
trafficker or was a person who aided,
abetted, or conspired in drug
trafficking.
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Any alien who was involved in
prostitution or is coming to the
United States to engage in any other
unlawful commercialized vice.
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Aliens involved in serious criminal
activity who have asserted immunity
from prosecution and departed.
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Aliens who have been convicted of
aggravated felonies as that term is
defined by law.
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The Three and Ten
Year Bars
Three
Years: If you spent more than 180
continuous days in the United States
unlawfully, you could be barred from
coming back for three years.
Ten
Years: If you spent more than one
continuous year in the United States
unlawfully, you could be barred from
coming back for ten years.
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Sponsor’s
Financial Requirements
The sponsor must have net assets
125% over the poverty line. A person
holding a green card cannot apply for
government welfare for five years after
getting their green card. The Sponsor
will have to fill out a Form I-864
Affidavit of Support with their
package.
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Two Year Testing
Period For New Marriages
You must be married for two years to
obtain a permanent green card. If you
apply soon then you will receive a
conditional card, good for two years.
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Documents needed
to receive a green card
Form I -130
Documents to accompany Form I-130
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Your
marriage certificate
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Proof of the U.S. Citizen status of
your petition spouse, such as birth
certificate, passport, certificate of
naturalization
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Proof of
termination of all previous marriages
- One
color photo of you
- One color
photo of your spouse
- Fees
Form G-325A
for the Immigrant
Form G-325A
for the U.S Citizen
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Deportation
10 Frequently Asked Questions (FAQs)
Q1: What are some factors that are
considered by the U.S. Citizenship and
Immigration Services (USCIS) in granting
an individual immigration status?
A:
Factors considered b y the USCIS
include:
·
Whether the applicant has an immediate
relative who is a U.S. citizen or lawful
permanent resident;
·
Whether the applicant has a permanent
employment opportunity in the U.S., and
whether that employment fits under one
of the five eligible employment
categories;
·
Whether the applicant is making a
capital investment in the U.S. that
meets certain dollar thresholds, and
that either creates or saves a specified
number of jobs; and
·
Whether the applicant qualifies for
refugee status as an individual who
suffers or fears persecution on the
basis of race, religion, nationality,
political view, or membership in a
certain group in his or her country of
origin.
Q2: What is the purpose of the Diversity
(DV) Lottery Program?
A:
The purpose of the DV Lottery Program is
to annually award immigrant visas to
applicants whose country of origin has
low immigration rates to the U.S. (not
more than 50,000 in the last five
years). The program is called a lottery
because there are more applicants than
available visas, and the visas are
granted randomly among qualified
applicants.
Q3: What is the basis for being
deported? What are the consequences of
deportation?
A:
Deportation (or removal) occurs when an
alien is found to have violated certain
immigration or criminal laws,
consequences being that the alien
forfeits his or her right to remain in
the U.S., and is usually barred from
returning.
Q4: How is the deportation process
initiated?
A:
The Bureau of Immigration and Customs
Enforcement issues a Notice to Appear (NTA)
stating the reason why the alien should
be deported or removed. The NTA is
served to the alien and is filed with
the immigration court. A hearing is
scheduled, at which an immigration judge
will determine if the information in the
NTA is correct. If it is, removal of the
alien will be ordered.
Q5: Can a deportation or removal order
be appealed?
A:
Yes. The alien has 30 days to appeal the
decision to the Board of Immigration (BIA).
If the BIA decides against the alien,
the matter can be appealed to the U.S.
Court of Appeals. Finally, if the Court
of Appeals also finds against the alien,
the matter can be appealed to the U.S.
Supreme Court.
Q6: Under what circumstance will a
foreign spouse's permanent resident
status in the U.S. be conditional?
A:
A spouse's permanent resident status
will be conditional if it is based on a
marriage that was less than two years
old from the day the permanent resident
status was granted. To remove the
conditions, the spouse must establish
that the purpose of the marriage was not
to evade the U.S. immigration laws.
Q7: Under what circumstance will a
foreign fiancé (e), who has been
admitted into the U.S. for the purpose
of getting married, be required to leave
the U.S.
A:
If the marriage to the U.S. citizen who
filed the petition to permit the
fiancé(e) into the U.S. does not take
place within 90 days of entering the
U.S., the fiancé(e) will be required to
leave the country.
Q8: Can a U.S citizen file an
application to adopt a foreign-born
child before the citizen has identified
a child to adopt?
A:
Yes. A married U.S. citizen, or an
unmarried citizen who is at least 24
years of age and will be at least 25
when the petition is actually filed, may
file a
Form I-600A,
Application for Advance Processing of
Orphan Petition, to speed up the
adoption process.
Q9: What is the basic law that governs
immigration?
A:
The federal Immigration and Nationality
Act provides the basis for U.S.
immigration law.
Q10: Can a fee for immigration related
services be waived?
A:
Yes. The U.S. Citizenship and
Immigration Services (USCIS) bureau has
discretion to waive a filing fee if the
applicant can establish that he or she
is unable to pay. In order to have the
USCIS consider waiving a fee, the
applicant must follow specific
instructions, including completion of a
form for review by the USCIS.
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