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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Six Criminal
Grounds of Inadmissibility
-
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.
-
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.
-
Any alien
who was involved in prostitution or is
coming to the United States to engage in
any other unlawful commercialized vice.
-
Aliens
involved in serious criminal activity
who have asserted immunity from
prosecution and departed.
-
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
o
Your
marriage certificate
o
Proof of the
U.S. Citizen status of your petition
spouse, such as birth certificate,
passport, certificate of naturalization
o
Proof of
termination of all previous marriages
o One color
photo of you
o One color
photo of your spouse
o Fees
Form G-325A
for the Immigrant
Form G-325A
for the U.S Citizen
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