Phone: 713-335-5505

 

Contact Us

2425 West Loop South, Suite 200

Houston, Texas 77027

Call us at 713-335-5505 or

email us at admin@tunitskylaw.com

Family Based Immigration

Many people immigrate to the United States every year based on a family petition filed by their spouses, fiancees, parents, children, or siblings. How quickly they are able to come depends largely on whether they are an "immediate relative" or a family member in one of the four preference categories established by the Immigration and Nationality Act. 


Immigration through an Immediate Relative

According to US immigration laws, an "Immediate Relative" is a parent, spouse or child (unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. This means they can apply for permanent resident status or an immigrant visa without having to wait in "line". For more about the process, including information about Conditional Permanent Residence, read here.



Immigration through Family-Based Preference Categories 

Immigration through other close family members (who are not immediate relatives) is a very different experience because unlike immediate relatives of a U.S. citizen, family preference categories are subject to annual numerical limitations that often create a significant backlog delaying the family member's immigration by sometimes years or even decades.  Those who wish to petition for their family members must know a number of key facts, including their family member's preference category and whether that particular category is "current" (are visa numbers available for the particular category).  This information can be obtained by visiting Department of State's Visa Bulletin, which updates this information on the monthly basis.


Immigration through a same-sex marriage

On June 26, 2013, the United States Supreme Court struck down Section 3 of the Defense of Marriage Act finding that the law's definition of marriage as a union between a man and a woman was unconstitutional.  This landmark decision removed a decades old ban on the federal recognition of same-sex marriages allowing same-sex married couples to be recognized by the federal government and receive federal benefits.  Consequently, USCIS and US Department of State's Embassies and Consulates adjudicate green card and visa applications based on same-sex marriages in the same way they adjudicate applications for opposite gender spouses. 


Family-based preference categories

  1.  First Preference: unmarried sons and daughters (over the age of 21) of U.S. citizens;

  2. Second Preference: ​spouses and children of U.S. Permanent Residents and unmarried sons and daughters (over the age of 21) of U.S. Permanent Residents;

  3. Third Preference: ​married sons and daughters of U.S. citizens;
  4. Fourth Preference: brothers and sisters of U.S. citizens.



The information you obtain on this website is general and not intended to be legal advice. You should consult an attorney for individual advice about your particular case.

Law Office of Veronica Tunitsky BBB Business Review