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Immediate Relatives

Immediate relatives include:

  • The spouses of U.S. citizens,

  • The children (unmarried and under 21 years of age) of U.S. citizens,

  • The parents of U.S. citizens at least 21 years old, and

  • Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before his or her death or if the widow(er) files a petition within 2 years of the citizen’s death.

Children of US Citizens

Children of US Citizens means Unmarried and Under 21 years of age.   A married child, irrespective of the age, is considered “son or daughter.”  Similarly, a child over the age of 21 is considered a “son or daughter.”  Sons and daughters are NOT considered Immediate Relatives and fall in the Family-Sponsored Preference Categories (see below).

Spouses of US Citizens

Different rules and regulations apply to Spouses of US Citizens, depending on how the immigrant spouse entered the USA.  In addition, different rules and regulations apply to Fiancés of US Citizens.

As a widow(er), spouses of a U.S. Citizen who has passed away, you may be entitled to apply.

Parents of US Citizen

Only US Citizens over the age of 21 years old can petition their parents.  The rules and regulations differ depending where the parents currently resides, whether that parent ever resided in the USA and how the parent entered the USA.

Family-Sponsored Preference Categories 1/2

What are Family-Sponsored Preference Categories

Other relatives of a U.S. citizen or relatives of a lawful permanent resident fall under the family-based preference categories

  • Family member of a U.S. citizen, meaning you are the:

    • Unmarried son or daughter of a U.S. citizen and you are 21 years old or older

    • Married son or daughter of a U.S. citizen

    • Brother or sister of a U.S. citizen who is at least 21 years old

  • Family member of a lawful permanent resident, meaning you are the:

    • Spouse of a lawful permanent resident

    • Unmarried child under the age of 21 of a lawful permanent resident

    • Unmarried son or daughter of a lawful permanent resident 21 years old or older

2/2

  • Family member of a lawful permanent resident, meaning you are the:

    • Spouse of a lawful permanent resident

    • Unmarried child under the age of 21 of a lawful permanent resident

    • Unmarried son or daughter of a lawful permanent resident 21 years old or older

Visa allocations for the Preference Categories vary, which create backlogs in visa availability.  In addition, CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, PHILIPPINES, and VIETNAM have their own visa allocation.

To confirm the processing time for each category and corresponding country of chargeability, visit Department of State Visa Bulletin.

(F1) – Unmarried Sons & Daughters of US Citizens

Section 203(a) of the INA prescribes 23,400 visas per year in this category plus any numbers not required for fourth preference

(F2A) – Spouses & Children of Permanent Residents

Section 203(a) of the INA prescribes 114,200 visas per year, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A): 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B):  23% of the overall second preference limitation.

(F2B) – Unmarried Sons & Daughters (21 years of age and older) of Permanent Residents

Section 203(a) of the INA prescribes 114,200 visas per year, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A): 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B):  23% of the overall second preference limitation.

(F3) – Married Sons & Daughters of US Citizens

Section 203(a) of the INA prescribes 23,400 per year, plus any numbers not required by first and second preferences.

(F4) – Brothers & Sisters of Adult US Citizens

Section 203(a) of the INA prescribes 65,000 per year, plus any numbers not required by first three preferences.

Petições Familiares

Petições familiares, incluem uma variedade de membros da família. Alguns são considerados “parentes imediatos”, enquanto outros são considerados parentes que se enquadram nas “categorias de preferência”.

Isenção de responsabilidade

As informações aqui contidas são apenas para fins informativos gerais e não devem ser interpretadas como aconselhamento jurídico.  Você deve consultar seu advogado de imigração para uma avaliação aprofundada do seu caso.

Nossos serviços

Este é o parágrafo introdutório da sua seção de Serviços. Adicione um texto curto para apresentar os tipos de serviços oferecidos e considere destacar quaisquer benefícios ou recursos especiais.

Family Petitions

Family petitions, include a variety of family members. Some are considered “Immediate Relatives” whereas others are considered relatives that fall under the “Preference Categories.”

Citizenship

There are different ways of becoming a citizen of the United States.

U-Visa | VAWA

The law protects certain victims of crimes. If qualified, victims can apply for status in the U.S., which can ultimately lead to permanent residency in the U.S.

DACA

As of today, USCIS is still accepting applications to renew DACA. USCIS is not accepting applications for initial DACAs.

Asylum

Asylum is a benefit that helps foreign nationals that were persecuted or tortured in another country and seek protection from the US. There are strict deadlines and requirements to qualify for asylum. We can help you navigate through this difficult process.

Immigration Court Defense

For immigrants one of the most frightening is being arrested by ICE and placed into Deportation Proceedings. We can handle all aspects of immigration defense. Read more about issues in immigration court.

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