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There are five categories of immigrant visas
that allow relatives of United States citizens and lawful
permanent residents to become U.S. permanent residents.
Because Congress has limited the number of people, by
country, who can immigrate each year, for many categories
and nationalities, there is a waiting list for the visa
that can last from one to many years.
Eligible family members obtain "green cards,"
and the right to live and work indefinitely in the United
States, as long as they do not commit any offense or take
other actions that would render them deportable.
The five categories are the following:
- Immediate Relatives of U.S. Citizens - Spouses, Parents (where U.S. citizen child is 21 years of age or older) and Unmarried Children Under Age 21
There is no wait list for a visa in this category.
- First Preference - Unmarried Sons and Daughters (21 years of age or older) of U.S. citizens
There is a wait list for a visa in this category.
- Second Preference - Spouses and Unmarried Sons, Daughters, and Children of U.S. Lawful Permanent Residents
There is a significant wait list for a visa in this category. Spouses and unmarried
children (under the age of 21) of lawful permanent residents face a shorter
wait than unmarried sons and daughters (21 years old or older).
- Third Preference - Married Sons and Daughters (age 21 or older) of U.S. citizens
There is a significant wait list for a visa in this category.
- Fourth Preference - Brothers and Sisters of U.S. Citizens (U.S. citizen must be age 21 or older)
There is a significant wait list for a visa in this category.
Persons immigrating based on a family
relationship must be sponsored by their U.S. citizen or
lawful permanent resident relative. However, special
provisions may apply in the cases of spouses or children
of U.S. citizens or lawful permanent residents who are
physically or emotionally abused, which allow an
individual to sponsor himself/herself.
Generally, the process of obtaining lawful
permanent residency is divided into two stages. In the
first stage, the U.S. citizen or lawful permanent resident
relative files a "visa petition" with BCIS to demonstrate
that his/her relative meets the criteria of one of the
categories above. When BCIS approves the petition, and
there is a visa available, the individual may proceed with
the second stage of the process, the green card application.
However, individuals who are classified as "immediate
relatives" may proceed with both steps simultaneously.
Green card applications can be made to the BCIS
if the individual is in the U.S. and is otherwise eligible,
through the "adjustment of status" process, or through a U.S.
Consulate abroad.
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