If you are a United States citizen or have legal permanent residency, you may hope to ease the immigration path to this country for some of your family members. Reuniting your family can be incredibly important for emotional, practical, financial and educational reasons.
Yet, not every family member will qualify for family-based immigration. Here are the basics:
Immediate relatives
The United States Citizenship and Immigration Service (USCIS) considers the following relatives of a US citizen entitled to apply under the category of an “immediate relative.”
- Spouse of a U.S. citizen
- Unmarried child under the age of 21 of a U.S. citizen
- Parent of a U.S. citizen who is at least 21 years old
This is typically the simplest category to succeed in, as there is no upper limit to how many of these visas are issued each year.
Family-based preference categories
Family members of US citizens who may apply under these categories are:
- Unmarried sons or daughters who have already turned 21
- Married sons or daughters
- Siblings (provided the US citizen is at least 21)
Family members of those who are legal permanent residents of the US, rather than US citizens, who are entitled to apply are:
- Spouse
- Unmarried children under the age of 21
- Unmarried sons or daughters aged 21 or over
Visas awarded to those who fall under the family-based preference categories are restricted to a certain number each year, so getting one can often involve a longer wait.
Special categories
Other people who may be able to apply under special categories include the fiancé(e)s of a U.S. citizen and the children of that fiancé(e)s. Also, a widow or widower of a U.S. citizen who was still married to them when they died. Finally, abused spouses, children or parents of US citizens may be able to self-apply without needing the sponsorship of the abusing US citizen.
Regardless of which category a loved one may fall under, it is wise to remember that these applications are not straightforward. Experienced legal guidance is wise to give your application the best chance of success.