A family based immigration in to the United States is some thing that could be done easily. This is done if you could fulfill the under mentioned terms and conditions. In this kind of immigration the guardian angle happens to be the relative who is either already staying in the United States, or is a lawful permanent resident already in the US.
The above mentioned could be done in 2 ways (this is the IR category).
- Some one who is an immediate relative of an US citizen, which is a spouse, widow or an unmarried child who essentially needs to be under the age of 21. This category could also be useful for the parents of an adult US citizen.
- People with a returning resident status. This applies to people who have been previously staying in the United States as a permanent resident and now is coming back after a stay in some other nation for a year.
As far as the above mentioned is concerned (limited family based immigration), there are some preferences which are involved in the same. The hierarchy of the preferences are as per the under mentioned.
Preference 1 – Children of people who are already US citizens who are below the age of 21.
Preference 2 – The spouses of the lawful United States citizens with or without their children, who are below the age of 21. However in the case of unmarried daughters there is a relaxation. Daughters even if they are over the age of 21 still they are permissible, as per the said provision.
Preference 3 – Next in the preference grid comes, the number for the children of a United States citizen whose children are married.
Preference 4 – Last but not the least the siblings of a person who has the status of a permanent resident in the United States are also allowed as per the provision.
Be it the IR category or the preference category, the relative in the United States has to first submit a petition related to the immigrant visa. The said petition has to be essentially accompanied by the proof of your relation ship with the citizen who has filed in the petition.
Post the approval is received on the petition that has been filed in by the relative, who is either a citizen or a permanent citizen in the United States, the department of States would be considering to figure out if there is a number that is available to be given to you for the immigration related visa. However this is applicable only if your current residency is out side the United States. In case you are inside the United States then, you could apply for a change in the status. That would involve a form called I – 485.
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January 12th, 2010
Tushar Mathur
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