Not all family relationships serve as a basis to apply for legal permanent residence status. Under the INA, there are two basic categories: Immediate Relatives and Preference Categories.

Immediate Relatives

Immediate relatives include spouses of U.S. citizens, minor unmarried children (under 21) of U.S. citizens, and parents of U.S. citizens, provided the citizen petitioner is at least 21 years of age. There is no limit to the number of immediate relative visas that may be issued in a given year. However, there are also no derivative beneficiaries of immediate relatives. Therefore, a petition must be filed for each foreign national for whom classification as an immediate relative is sought.

Permanent residence based on a marriage which is less than two years old at the time the person obtains status is subject to the Immigration Marriage Fraud Amendments of 1986. Foreign nationals granted status based on marriage are given conditional permanent residence. Accordingly, both spouses must jointly petition to remove the condition within 90 days of the second anniversary of the foreign national obtaining conditional permanent residence.

Preference Categories.

The family sponsored preferences are: (1) unmarried sons and daughters of U.S. citizens; (2) spouses, children and unmarried sons and daughters of permanent residents of the United States; (3) married sons and daughters of U.S. citizens; (4) brothers and sisters of U.S. citizens. These preference categories are subject to annual visa limits.

For more information, please contact Anthony W. Parker or call (717) 920-2220 to schedule a consultation or contact us online.