Family Based Petitions

Family Based Petitions

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Sheim Loven started this petition to family problems and

Current U.S. immigration law allows U.S. Citizens and Permanent Residents to petition for certain family members. Who qualifies as a family member is defined by the immigration statutes and case law. Immigrant family members are currently split into two groups: (1) immediate relatives of U.S. Citizens, and (2) preference category based relatives of U.S. Citizens and Permanent Residents. The U.S. Citizen or Resident who files the petition is called the Petitioner, and the family member they are petitioning for is called the Beneficiary.

 

Immediate Relatives of U.S. Citizens (Spouse, Parent, unmarried Child under the age of 21) do not have to wait for a visa number in order to pursue their Residency (“Green Card”) through either the immigrant visa process abroad or through Adjustment of Status within the United States. All other preference category based relatives are issued a “priority date” upon the filing of the family based petition.

 

The Beneficiary of a preference category petition will not have a visa number available until his/her priority date is current—this means that the Beneficiary’s priority date either falls on the same day or prior to the date on the Department of State’s Visa Bulletin. Additionally, certain preference based Beneficiaries may have “derivative” relatives included on their petition. However, due to the long wait times for priority dates to become current, derivative children often turn 21 years old before a visa becomes available and “age out,” making them ineligible to receive a visa when it becomes current.

0 have signed. Let’s get to 100!
At 100 signatures, this petition is more likely to be featured in recommendations!