GREEN CARD ATTORNEYS OF HOUSTON

Citizens and permanent residents of the United States have the ability to petition the federal government for an immigrant visa for certain family members.

The amount of time between when the petition is filed and when the family member actually obtains the immigrant visa can take anywhere from 6 months to 20 years or more. The wait time is determined by the immigration status of the petitioner (citizen or permanent resident), the category of family member they are petitioning, and what country the family member is from.

These are the different types of family-member categories that citizens and permanent residents can petition for:

US CITIZEN PETITIONERS

• Immediate Relatives:

  • Spouse
  • Unmarried child under 21 years old
  • Parent (the US citizen petitioner must be at least 21 years old)

• First Preference

  • Unmarried child over 21 years old (and his or her children)

• Third Preference

  • Married child of any age (and his or her spouse and children)

• Fourth Preference

  • Siblings (and his or her spouse and children)

PERMANENT RESIDENT PETITIONERS

• 2A Preference

  • Spouse
  • Unmarried child under 21 years old (and his or her children)

• 2B Preference

  • Unmarried child over 21 years old (and his or her children)

Every year, the US government authorizes a set amount of immigrant visas for the family-based categories. The number of petitions filed each year always dominates the number of visas authorized, though, creating an extremely long backlog in the system.

Each type of family petition is assigned a priority. The higher the priority for certain family relationships, the faster those family members will get their permanent residency. The government also gives preference to visas based on the origin country of the family member. Mexico, China, India, and the Philippines have individual waiting times because these countries account for many of the requested immigrant visas.

Spouses, unmarried children under 21, and parents of US citizens are called “immediate relatives” and have the highest priority. Immediate relatives can apply immediately for immigrant visas as soon as the petition is approved, sometimes as soon as the petition is filed.

The family relationships that are not as highly prioritized are called “preference categories.” The people in that category must wait until a visa is available before they can apply. Approved petitions filed by citizens or permanent residents are given a priority date. Every month, the US Department of State publishes a visa bulletin that lists each preference category with a date. Immigrant visas are available to people in each preference category with a priority date earlier than the one on the bulletin.

When an immigrant visa is ready for the intended family member, other factors like their US immigration history, criminal record, and current location decide if they qualify for permanent residency in the US.

Davis & Associates recommends that you consult with an attorney who has experience in immigration law before filing a petition or application with the US government.