| |
 Under the INA, family-sponsored immigration has an overall cap of 480,000 numbers per year. This include immediate relatives. However, there is no limit to the number of immediate relative immigrant visas allocated in any fiscal year. Additionally, the INS also provides that no less than 226,000 immigrant visas shall be allocated to the four family-based preference categories in any fiscal year.Furthermore, there is a per-country cap for family-sponsored immigration. in a fiscal year, no more than 7% of total available visas should go to a single country or 2% of total available visas should go to a dependent areas.
In a 2/8/07 Interoffice
Memorandum, Michael Aytes, Associate Director, Domestic
Operations, USCIS, issues guidance on the adjudication of
family-based immigrant visa petitions and Form I-129F Petition for
Alien Fiancé(e) under the Adam Walsh Child Protection and Safety Act
of 2006.
3/26/2007 USCIS international offices resume accepting I-130. See
New Procedures. The State Department's Visa Office releases figures on immigrant number. It releases its Visa Bulletin once every month.
USCIS' Standard Operating Procedures (SOPs) for
I-130 petition » |
| |
 back to top |
|
|
Immediate Relatives (no number
limit) |
If you are a
battered or abused spouse or child or a U.S. citizen,
you may be able to file self-petition.-
Spouses of U.S. citizens;
-
Children of U.S. citizens (must be under the age of 21); (orphans, step-child and
adopted child).
On
11/17/08 DOS announced the launch of a website devoted exclusively to
intercountry adoption.
-
Parents of U.S. citizens (the citizen must be at least 21 years of age).
-
Hardship Waiver of INA §216(c)(4)(A). A BIA
decision.
-
The District Court of New Jersey agreed with the Ninth Circuit's
interpretation of INA Sec. 201(b)(2)(A)(I) in
Freeman v. Gonzales
holding that I-130 beneficiary remains an "immediate relative" after death
of petitioning spouse. Robinson v.
Chertoff, No. 06-5702, 2007 U.S. Dist. LEXIS 34956 (D.N.J. May 14,
2007) (unpublished). Massachusetts District Court Holds Widow Remains
“Immediate Relative” in Neang v.
Chertoff.
.
Note: If one files for a green card based upon an Immediate Relative, his spouse and/or unmarried children cannot file green card applications as accompanying relatives.
|
| |
back to top |
|
|
First Preference (F1) |
| Unmarried sons or daughters of U.S. citizens; (21 years of age or older. Note if he or she is under the age of 21, he or she is an immediate relative.)
The sons and daughters must have qualified as "children" of the
citizens when they were under 21. The quota for each year is 23,400 plus any numbers not required for fourth preference. If one adopted an
orphan from oversea and wants to bring the orphan
to this country. |
| |
back to top |
|
|
Second Preference (F2) |
|
A. Spouse or Children of U.S. permanent residents of U.S. permanent residents or B. Unmarried Sons or Unmarried Daughters of U.S. permanent residents
(The sons and daughters must have qualified as "children" of the
the U.S. permanent residents when they were under 21); The numerical limit for unmarried sons and daughters (21 years of age or older) of permanent residents is 23% of the overall second preference limitation. Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers: |
| |
back to top |
|
|
Third Preference (F3) |
| Married sons or daughters of U.S. citizens. The annual numerical limit is 23,400, plus any numbers not required by first and second preferences.
Immediate family members of the son or daughter (spouse and
children) can also immigrate with the son or daughter. |
| |
back to top |
|
|
Fourth Preference (F4) |
|
Brothers or sisters of adult U.S.
citizens; (the citizen must be at least 21 years of age).
Immediate family members of the brothers or sister (spouse and children) can
also immigrate with the brother or sisters in the forth preference category. 65,000, plus any numbers not required by first three preferences. The current waiting period is more than 10 years long. The waiting period is extremely long. It currently takes more than ten years. We suggest the US citizen try to file green card application for parents and then the parents can file for the son/daughter (i.e. brothers or sisters of adult U.S. citizens). This way, we can cut the waiting period a few years. |
| |
back to top |
|
|
Derivative Beneficiaries |
|
The spouse or child of the principal alien under the family-based preferences is entitled to the same status if accompanying or following to join (Note that it does not apply to "immediate relatives" family members).
|
| |
back to top |
|
|
Conditional Residence |
| Alien approved for permanent residence on the basis of marriage are granted
conditional residence for two years (if the marriage occurred within two years prior to the CIS interview), after which an interview takes place for determination of whether the marriage is bona fide. If a positive determination is made, the conditions on permanent residence are removed and the alien obtains unrestricted permanent residence and a Permanent Resident Card valid for ten years. |
| |
back to top |
|
|
|
|
Affidavit of Support |
- The petitioner/sponsor must provide an Affidavit of Support. Click here for requirements. All Applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed.
-
Poverty Guidelines |
| |
back to top |
|
|
|
