B
O
C
If you want to live permanently in the United States, you have to
be sponsored for an immigrant visa by a close family member who
is a U.S. citizen or a lawful permanent resident (green card
holder), or you can be sponsored by a U.S. employer who wants
to hire you on a permanent full-time basis. The process to obtain
an immigrant visa is highly regulated.
Having a family member or an employer sponsor is only one part
of the immigrant visa process. U.S. immigration laws for the
immigrant visa application process include numerous
requirements.
If you came to the U.S. illegally, or if you have ever been
arrested, or if you have ever worked without authorization from
the immigration service or remained in the U.S. beyond a
departure date, or if you have ever failed to tell the truth when
applying for a U.S. visa, you should consult with a lawyer before
applying for an immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a
U.S. immigrant visa (commonly referred to as a green card),
which allows that person to live and work permanently in the
United States.
Persons in the United States who have obtained an immigrant
visa are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual
limitations as to who is eligible to obtain an immigrant visa, or
permanent residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you
are in the U.S. and if you are eligible to adjust status (many
restrictions apply), you must have a family or employer sponsor.
In some very limited circumstances, you may be able to sponsor
yourself.
There are several immigrant visa categories of family, employer
and self-sponsorship.
Most of these categories have a limited number of immigrant
visas allotted each year. Some immigrant visa categories have
more visa applicants waiting for visas than there are available
visas. Consequently, there is a long wait in some of these visa
categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the
sponsor must be a U.S. citizen or a lawful permanent resident, or
LPR. A U.S. citizen can sponsor her parents, her spouse, her
children (including her spouse's children if they were under age
18 at the time of the marriage of their parent to the U.S. citizen),
and her sisters and brothers. A U.S. citizen must be at least 21
years old to sponsor her parents. A U.S. citizen's parents,
spouse and unmarried children (including step children) under
age 21 are called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas
available for this category. All other relatives who may be
sponsored by a U.S. citizen (married children, unmarried children
age 21 and older, and brothers and sisters) are subject to annual
visa limitations.
An LPR can sponsor only a spouse and unmarried children of
any age. Immigrant visas for spouses and unmarried children of
LPRs are subject to annual visa limitations. All family members
who are subject to annual visa limitations are categorized into
four (4) visa , or preference, categories of 1, 2(A and B), 3, and
4:
Family Preference Category Annual visa
allotments
1. Unmarried adult children of U.S citizen 23,400 visas
per year
2A. LPR's spouse & children under age 21 87,900 visas
per year
2B. LPR's children age 21 and older 26,300 visas
per year
3. Married children of U.S. citizen 23,400 visas
per year
4. Brothers and sisters of U.S. citizen 65,000 visas
per year
If you can be sponsored by a U.S. citizen or LPR as a family
member within one of the four Family Preference Categories 1,
2(A or B), 3 and 4 your place in line for the immigrant visa is
established by the date that your relative filed the immigrant visa
petition with the U.S. of Citizenship and Immigration Services,
USCIS (formerly the Immigration and Naturalization Service INS).
This date is called your priority date.
The U.S. Department of State publishes a monthly Visa Bulletin
that contains the progress of priority dates, which can be found at
http://www.travel.state.gov/visa_bulletin.html.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY
ALSO IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member
within the Third or Fourth Family Preference categories, your
spouse and unmarried children under age 21 can also immigrate
to the U.S. with you as your derivative family members.
If your are sponsored by a U.S. citizen or LPR as a family member
within the First or Second(B) categories, your unmarried children
under age 21 can immigrate with you. If you are sponsored by
your LPR spouse (category 2A), your unmarried children under
age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate
relatives of a U.S. citizen (which includes the U.S. citizen's
parents, spouse, and unmarried children under age 21), the
derivative rule does not apply.
The U.S. citizen must separately sponsor her spouse and each
child of her spouse who is unmarried, under age 21 and who was
under age 18 at the time of the marriage to parent's marriage to
the U.S. citizen.
NOTE, the U.S. citizen must separately sponsor each of her
parents.
If the U.S. citizen's parents have unmarried children under age 21
(the U.S. citizen's younger sisters or brothers) who also want to
immigrate to the U.S., the younger children cannot immigrate to
the U.S. with their parents as derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth
Preference relatives. Also, after immigrating to the United States,
the parents can sponsor the younger children as Second
Preference relatives.
Unfortunately, due to backlogs in the Family Second and Fourth
Preference categories, it will be a few years before the younger
siblings can immigrate to the U.S.
be sponsored for an immigrant visa by a close family member who
is a U.S. citizen or a lawful permanent resident (green card
holder), or you can be sponsored by a U.S. employer who wants
to hire you on a permanent full-time basis. The process to obtain
an immigrant visa is highly regulated.
Having a family member or an employer sponsor is only one part
of the immigrant visa process. U.S. immigration laws for the
immigrant visa application process include numerous
requirements.
If you came to the U.S. illegally, or if you have ever been
arrested, or if you have ever worked without authorization from
the immigration service or remained in the U.S. beyond a
departure date, or if you have ever failed to tell the truth when
applying for a U.S. visa, you should consult with a lawyer before
applying for an immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a
U.S. immigrant visa (commonly referred to as a green card),
which allows that person to live and work permanently in the
United States.
Persons in the United States who have obtained an immigrant
visa are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual
limitations as to who is eligible to obtain an immigrant visa, or
permanent residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you
are in the U.S. and if you are eligible to adjust status (many
restrictions apply), you must have a family or employer sponsor.
In some very limited circumstances, you may be able to sponsor
yourself.
There are several immigrant visa categories of family, employer
and self-sponsorship.
Most of these categories have a limited number of immigrant
visas allotted each year. Some immigrant visa categories have
more visa applicants waiting for visas than there are available
visas. Consequently, there is a long wait in some of these visa
categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the
sponsor must be a U.S. citizen or a lawful permanent resident, or
LPR. A U.S. citizen can sponsor her parents, her spouse, her
children (including her spouse's children if they were under age
18 at the time of the marriage of their parent to the U.S. citizen),
and her sisters and brothers. A U.S. citizen must be at least 21
years old to sponsor her parents. A U.S. citizen's parents,
spouse and unmarried children (including step children) under
age 21 are called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas
available for this category. All other relatives who may be
sponsored by a U.S. citizen (married children, unmarried children
age 21 and older, and brothers and sisters) are subject to annual
visa limitations.
An LPR can sponsor only a spouse and unmarried children of
any age. Immigrant visas for spouses and unmarried children of
LPRs are subject to annual visa limitations. All family members
who are subject to annual visa limitations are categorized into
four (4) visa , or preference, categories of 1, 2(A and B), 3, and
4:
Family Preference Category Annual visa
allotments
1. Unmarried adult children of U.S citizen 23,400 visas
per year
2A. LPR's spouse & children under age 21 87,900 visas
per year
2B. LPR's children age 21 and older 26,300 visas
per year
3. Married children of U.S. citizen 23,400 visas
per year
4. Brothers and sisters of U.S. citizen 65,000 visas
per year
If you can be sponsored by a U.S. citizen or LPR as a family
member within one of the four Family Preference Categories 1,
2(A or B), 3 and 4 your place in line for the immigrant visa is
established by the date that your relative filed the immigrant visa
petition with the U.S. of Citizenship and Immigration Services,
USCIS (formerly the Immigration and Naturalization Service INS).
This date is called your priority date.
The U.S. Department of State publishes a monthly Visa Bulletin
that contains the progress of priority dates, which can be found at
http://www.travel.state.gov/visa_bulletin.html.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY
ALSO IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member
within the Third or Fourth Family Preference categories, your
spouse and unmarried children under age 21 can also immigrate
to the U.S. with you as your derivative family members.
If your are sponsored by a U.S. citizen or LPR as a family member
within the First or Second(B) categories, your unmarried children
under age 21 can immigrate with you. If you are sponsored by
your LPR spouse (category 2A), your unmarried children under
age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate
relatives of a U.S. citizen (which includes the U.S. citizen's
parents, spouse, and unmarried children under age 21), the
derivative rule does not apply.
The U.S. citizen must separately sponsor her spouse and each
child of her spouse who is unmarried, under age 21 and who was
under age 18 at the time of the marriage to parent's marriage to
the U.S. citizen.
NOTE, the U.S. citizen must separately sponsor each of her
parents.
If the U.S. citizen's parents have unmarried children under age 21
(the U.S. citizen's younger sisters or brothers) who also want to
immigrate to the U.S., the younger children cannot immigrate to
the U.S. with their parents as derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth
Preference relatives. Also, after immigrating to the United States,
the parents can sponsor the younger children as Second
Preference relatives.
Unfortunately, due to backlogs in the Family Second and Fourth
Preference categories, it will be a few years before the younger
siblings can immigrate to the U.S.
BOGLE
OKOYE
CHANG
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