Immigration for Families: What to know
Keeping families together is an important principle governing U.S. immigration policy. The family-based immigration system allows U.S. citizens to petition for visas or status so that their family member can become a Lawful Permanent Resident (or an “LPR”) when they receive their Permanent Resident Card (or “Green Card”).
Congress has established a complicated system to determine who can qualify for each visa. An unlimited number of visas are available each year for immediate family members once they meet certain criteria such as financial requirements and eligibility. Immediate family members are considered to be spouses of U.S. citizens, unmarried minor children of U.S. citizens (or under 21 years of age), or parents of U.S. citizens where the U.S. citizen is at least 21 years of age. Consult with an attorney to understand whether you or your family members qualify and how to apply.
The United States Department of State has categories for non-immediate relatives and issues only a limited number of visas. They are called preference categories and are divided like so:
Source: William A. Kandel, U.S. Family-Based Immigration Policy (Washington, DC: Congressional Research Service, February 9, 2018), 4, https://fas.org/sgp/crs/homesec/R43145.pdf
These numbers often change based on the number of citizens who are paroled or if there are any unused visas. No matter whether your sponsor is a USC or an LPR, they will have to show that the relationship is legitimate plus whether they are willing and able to financially support the non-citizen they are petitioning for. The non-citizen will also have to undergo a medical exam, receive any required vaccinations, submit to an analysis of criminal history, and demonstrate that they will not be dependent on the U.S. government for support. Children of noncitizens under the preference categories can be petitioned for by the USC or LPR and are considered derivative applicants who can apply with their parents.
Remember, it is best to consult an attorney to fully understand all of the options and rights that best fit your situation when it comes to immigration.