Family-Based Immigration Processes

Immigrating to the U.S. through a family member who is a U.S. citizen or Lawful Permanent Resident (LPR) is one of the most common (and often misunderstood) ways of obtaining permanent resident status in the U.S.
On the one hand, all that is required to start the process is the qualifying family relationship. As such, the first question in a family-based immigration case is whether that relationship exists. It is important to understand that the U.S. government gives preference (makes it easier and faster for certain relatives to become LPRs) to certain categories of relatives. The qualifying family relationships are grouped into two main categories: 1) Immediate Relatives, and 2) other close family members (preference category relatives). Immediate relatives of U.S. citizens are given highest preference. They are allowed to immigrate to the U.S. in unlimited numbers and in an expedited manner. Immediate relatives of U.S. citizens include:
  • Spouses
  • Children, unmarried and under 21
  • Parents
All other close relatives of U.S. citizens and permanent residents are considered preference relatives and are subject to annual numerical limitations, meaning that they will have to wait longer to apply for LPR status. Relatives that fall in the preference categories include:
  • Unmarried adult children of citizens
  • Spouses and unmarried children of permanent residents
  • Married adult children of citizens
  • Siblings of citizens
If you are a U.S. citizen or LPR who wants to petition for a family member, please contact the attorneys at Kuck Immigration Partners to schedule a consultation. There are many technical rules that apply to the process of helping a family member immigration to the U.S., and it is important to get all the facts before beginning this journey.

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