There are many changes to the nation’s immigration policies, meaning that it’s more important now than ever to remain aware of changes that could affect your family’s immigration status.
One thing to keep in mind is the family members for whom United States citizens can petition the government for them to attain green card status.
Know what status you can petition for
As long as the petitioner is a U.S. Citizen age 21 or older, their parents, spouses and unmarried children age 20 and younger have access to immediately available visas without waiting.
If these relatives have already arrived in the USA, they may file their Form I-485 (Application to Register Permanent Residence or Adjust Status) when filing Form I-130. By adjusting their immigration status, they become eligible for green card status.
What are preference categories?
The term applies to relatives of citizens who are not immediate family members. As there are only so many visas issued to those individuals, their preference category matters a great deal.
The visas’ availability for preference categories is determined by their priority date, which is when they filed their Form I-130. Below are the preference categories:
- First preference – Adult children age 21 and older who are unmarried.
- Second preference 2A – Unmarried children age 20 and younger and spouses of those with green cards.
- Second preference 2B – Unmarried adult children of permanent residents.
- Third Preference – Children of any age who are married and whose parents are citizens.
- Fourth Preference – Siblings of adult citizens.
As you can tell, it is always better to have preferential status when petitioning for a relative to become a legal resident.
What if my family member lives outside the United States?
Family members who have not yet arrived here in the USA must send their petitions to the National Visa Center (NVC). Petitions are then forwarded to a United States consulate whenever visas are available. Petitioners receive notifications throughout the consular process.
Immigration issues are complex
With the current status of immigration laws being in flux, it’s wise to learn all you can about any changes that may affect your family’s cases.