US immigration law: family visas, citizenship - American immigrant lawyer, attorney Fargo ND

IMMEDIATE RELATIVES:

One of the most common avenues to U.S. immigration is based on a family relationship. The importance of family relationships led Congress to give them an important place in U.S. immigration policy.

There are two types of family based immigration: (1) immediate relatives; and (2) preference relatives. An immediate relative is:

Ø the spouse of a United States citizen
Ø the child of a United States citizen
Ø the parent of a United States citizen

Whether a family member is considered a child for immigration purposes will depend on whether the person meets the definition of a "child" under the Immigration and Nationality Act ("INA"). You should also note that there are certain restrictions on who can be considered a "parent" of a United States citizen for purposes of getting immigration benefits. For example, if a child is abandoned in the U.S., becomes a special immigrant juvenile through having been placed in foster care by a juvenile court, and is eventually adopted by U.S. citizens, the child's biological parent cannot gain immigration benefits through the child when the child becomes a U.S. citizen.

If the relative is already in the United States in a nonimmigrant category, it may be possible to adjust status to that of a lawful permanent resident. However, an individual must not commit visa fraud. Do not try to come to the United States in a status that requires you to show intent to remain temporarily while concealing a true intent to remain permanently, as such actions can have serious consequences. If the relative is abroad then immigration should be pursued through the proper consular process.

It should also be noted that immediate relative visas are not limited in number each year, which is the case for other immigration categories.

There are no derivative, or following to join benefits under this category. Each relative must have a separate petition filed on their behalf.

PREFERENCE RELATIVES:

The other category of relatives is called "preference relatives". This category includes:

Ø FIRST PREFERENCE: Unmarried sons and daughters of U.S. citizens, who are 21 years of age and older

Ø SECOND PREFERENCE: Spouses and unmarried sons and daughters of lawful permanent residents

Ø THIRD PREFERENCE: Married sons and daughters of United States citizens

Ø FOURTH PREFERENCE: Brothers and sisters of United States citizens, who have one parent in common (the sponsoring U.S. citizen must be 21 years of age or older)

This category carries the ability for dependants of the principal immigrant to get "accompanying" or "following to join" benefits, which means the dependant receives the same status as the principal immigrant.

You should note that under the immigration laws, any U.S. citizen, or legal permanent resident, who petitions for the admission of a relative must complete an affidavit of support.

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