Family Based Immigration

The following people are eligible to immigrate to the United States, based on a relationship to a U.S. Citizen or a Lawful Permanent Resident:

1. Immediate Relatives (no waiting list for these relatives):

  • Spouses of U. S. Citizens
  • Children under 21 of U.S. Citizens and
  • Parents of an adult U.S. Citizen

2. Preference System Relatives - waiting period depends on availability of immigrant visas; see the Visa Bulletin.

  • 1st Preference: Adult, unmarried children of USCs
  • 2nd Preference: Spouses and children of Permanent Residents (PRs); Adult, unmarried children of PRs
  • 3rd Preference: Married children of USCs
  • 4th Preference: Brothers and sisters of USCs

3. Spouses and Children of Refugees or Asylees - No waiting list

Any person who entered as a refugee, or was granted asylum status after entry, can petition for their spouse and children under 21 to join them in the U.S. The relationship must exist at the time refugee or asylum status was granted. The petition must be filed within 2 years of that approval. Family members enter as asylee relatives and can apply for permanent residency after one year.

4. Battered Spouse and Children of U.S. Citizens and Permanent Residents

Must show abuse, a good faith marriage, and be a person of good moral character. Also known as the Violence Against Women Act (VAWA). Waiting time depends on the status of the abuser.

5. Fiancé of a U.S. Citizen

Must have met within the past two years. For more information on this topic, see our K-1 Visa page.

NOTICE:  Nothing on this web site should be taken as legal advice for any individual case or situation. All information provided here is general in nature, and should not be relied upon for any specific situation. For sound legal advice, consult an attorney experienced in immigration law.

Sending an email, faxing documents, or completing a questionnaire does not establish an attorney-client relationship with Guyton Law Office, either express or implied.  Only the conclusion of a contractual agreement between Guyton Law Office and the person seeking legal representation can formalize such a relationship.

Last Update: July 20th, 2010