Family Petitions
by: American Gateways
Who can file a family based petition?
Family-based immigration allows only U.S. citizens and legal permanent residents (LPR) to file family petitions on behalf of their close relatives.
Who are the close relatives who are eligible to immigrate through a family based petition?
Immediate relatives include the following: (1) spouses of U.S. citizens; (2) unmarried minor children of U.S. citizens; and (3) parents of U.S. citizens over age 21. The benefit of immigrating as an immediate relative is that there is no cap, or quota, on the number of visas available each year.
The family preference system allows the following persons to immigrate: (1) adult children (unmarried and married) of U.S. citizens; (2) brothers and sisters of U.S. citizens over 21; and (3) spouses and unmarried children (both minor and adult) of LPRs. There are a limited number of visas available every year under the family preference system.
Does the petitioner have to meet any financial requirements to immigrate his/her relatives?
As a result of a 1996 change in the law, all citizens or LPRs wishing to petition for a family member must have at least 125 percent of the federal poverty level and execute a legally enforceable affidavit to support his or her family member.
How long does the immigration process of a family member take?
It varies a lot. It depends on several factors and the particular circumstances of each case. Legal immigration to the Unites States is controlled by numerical limitations called quotas, which are applied to the family-based category and to the overall number of permanent resident visas distributed per country, per year. Backlogs develop because there are more applicants in some countries and categories than there are visas. There are also the nonquota immigrants, such as immediate relatives, who are exempted from the yearly limitations.
How many relatives can U.S. citizens or LPRs petition for?
There is not restriction, as long as the petitioner meets the requirement of an income at least 125 percent of the federal poverty level.
Is a marriage that took place in a foreign county recognized for immigration purposes?
Yes. As far as the spousal relationship is legally valid and recognized in the place where the relationship was created. It must not been a sham marriage. Common law marriages are recognized in Texas and are considered bona fide relationships for immigration purposes.
How can a person become a United States citizen?
A person may become a U.S. citizen by birth (by being born in the United States or through birth abroad to a one or two U.S. citizens) and through naturalization.
How can a person become a naturalized citizen?
There are different types of applicants. Over 90 percent of the applicants are required to be 18 years or older, have been permanent residents for the past 5 years without leaving the United States for trips of 6 months or longer, be persons of good moral character, have a basic understanding of the English language, knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States, and be willing to support and defend the U.S. constitution.
Should an applicant for Naturalization indicate on his/her application that (s)he has been convicted of a crime even when his/her record has been expunged?
Yes. An applicant should always be honest with BCIS regarding all arrests; convictions (even if they have been expunged); and crimes (s)he has committed for which (s)he was not arrested or convicted. BCIS may deny a N-400 application if the applicant does not tell the BICS officer about a minor crime.
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