Immediate Relatives

In general, a person who wishes to immigrate to the United States must have a petition approved by the (USCIS) before applying for an immigrant visa.  For family based immigrant visas, the petition is filed either by a U.S. citizen or U.S. lawful permanent resident relative.

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law.  Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.
For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen
• Unmarried Child Under 21 Years of Age of a U.S. Citizen
• Orphan adopted abroad by a U.S. Citizen (IR-3)
• Orphan to be adopted in the United States by a U.S. citizen (IR-4)
• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

Limited Family-Based Immigrants

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident.  Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children.
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters of lawful permanent residents. 
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
• 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.

Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.

The Visa Bulletin, published each month by the U.S. State Department, provides the availability of immigrant visas for each of the categories outlined above.

Please contact our office http://stonehavenlaw.com/contact_us.html to set up a free consultation to determine whether you or your family members may be eligible for these visa categories.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.