Family-Sponsored Immigration Categories

by Marshall H. Hong, J.D.www.Hong-Immigration.com

www.ImmigrationInfoSite.com

Must be either: A U.S. Citizen (by Birth,

Naturalization, or Derivation); or A Permanent Resident (including

Conditional Residents) Must be at least 21 years old to

Petition for Parents or Siblings

The “Petitioner”

A U.S. Citizen can Petition for: Parents Spouse Children Sons & Daughters (Married or

Unmarried) Brothers and Sisters Fiance

U.S. Citizen Petitioner

A Permanent Resident (or Conditional Resident) can Petition for: Spouse Children Unmarried Sons & Daughters

Permanent Resident Petitioner

Must be a “bona fide” (good faith) marriage All prior marriages must have been

lawfully terminated Marriage must be legal in the place where

it was concluded Must not have been entered into solely to

gain immigration benefits Same-Sex Marriages not currently

recognized

Spouse (Husband or Wife)

Under Immigration Law, “Children” are defined as: Under 21 years of age Not Married Includes Step-Children and Adopted

Children If over the age of 21, will fall into the

Category of “Sons & Daughters”

“Children”

Step-Children can be petitioned for if: The marriage creating the step relationship

was entered into before the child reached age 18

Adopted Children can be petitioned for if: The adoption was completed before the

child reached age 16; or Before the child reached age 18 if

adopted along with a younger sibling, before the younger sibling reaches age 16

Step-Children & Adopted Children

Can include Step-Parents and Adoptive Parents IF: For Step Parents:

The marriage creating the step relationship was entered into before the child reached age 18

For Adoptive Parents: The adoption was completed before the child

reached age 16; or Before the child reached age 18 if adopted

along with a younger sibling, before the younger sibling reaches age 16

Parents

The Petitioner and the “Beneficiary” must have at least one parent in common

Brothers & Sisters

A U.S. Citizen can petition for his or her Fiance if: Both the Petitioner and his or her Fiance are

free to marry (all prior marriages terminated); The Petitioner and his or her Fiance have met

in person at least once during the 2-year period prior to filing the Petition; and

The Petitioner and Fiance intend to conclude a marriage within 90 days after the Fiance arrives in the U.S.

Fiance

For a U.S. Citizen or Permanent Resident to petition for a family member, the family member must fit into one of the Family Categories.

Example: USC cannot petition for grandparents, uncles,

aunts, cousins, nieces, or nephews (unless the family member falls into one of the Family Categories through a qualifying adoption)

Beneficiary Must Fall Into One of the Family Categories

Example: LPR cannot petition for Parents, Married

Sons & Daughters, or Brothers & Sisters (unless the family member falls into one of the Family Categories through a qualifying adoption)

Beneficiary Must Fall Into One of the Family Categories

Certain Family Members of U.S. Citizens can “Self-Petition” to become Permanent Residents: Widows of U.S. Citizens Abused Spouses & Children of U.S.

Citizens

Other Family Relationships

For More Information, visit us at:

www.ImmigrationInfoSite.comwww.Hong-Immigration.com

or contact Marshall Hong by email at:

Marshall@Hong-Immigration.com