Family reunification is an essential part of United States immigration law. The Immigration and Nationality Act of the United States includes provisions that provide for family unity. Simply put, United States citizens and Lawful Permanent Residents are able to petition for certain family members to join them in the United States. The certain family members within the Act allow for Immediate Relatives of United States citizens to immigrate, or for the immigration of family members through the Family Preference System. However, family members must establish statutory eligibility, and if required, the family member must satisfy certain quota requirements. Under the quota system, immigrant visas are generally allocated based on a formula factoring the family preference, nationality of the intending immigrant, and the order in which the application was filed (priority date).
Under the Act, Immediate Relatives include: spouses of United States citizens, Unmarried Minor Children (under 21 years old) of United States citizens, and Parents of United States citizens over 21 years of age. On the other hand, the Family Preference System allows for the immigration of:F1 (First Preference) includes Unmarried Sons or Daughters (at or over the age of 21) of United States citizens;F2 (Second Preference) includes F2A which are Spouses or Unmarried Children (under 21 years old) of Legal Permanent Residents andF2B which are Unmarried Sons or Daughters (at to over the age of 21) of Legal Permanent Residents;F3 (Third Preference) includes Married Sons and Daughters of United States citizens; andF4 (Fourth Preference) includes Brothers and Sisters of United States citizens (United States citizen must be over the age of 21).
Family sponsored immigration is a multifaceted concept governed by numerous provisions and application procedures. If you have questions regarding Marriage or Family-based Immigration petitions, documentation requirements, or application policies, please contact the Law Offices of Jack Herzig so that we may serve you with your legal needs.
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