Ways to Apply Immigrant Visa (IV) through Immediate Relatives
Ways to Apply Immigrant Visa (IV) through Immediate Relatives
Being as a as a foreign national, to immigrate in the U.S. permanently, the simple way is to file the family petitions through their immediate relatives if they have immediate relatives in the U.S. However, it requires an immigrant visa (IV) to live in the U.S. permanently. To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (a green-card holder).
How many immigrant visa types are available based on immediate relatives?
There are two types of family-based immigrant visas:
Immediate Relative – these visas are based on a close family relationship (immediate relatives) with a U.S. citizen (USC), such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for based on family relationships with a USC and with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
What is the difference between U.S. citizen and LPR when filing for an immigrant visa petition for the others?
USC can file the family petitions for such as spouse, son or daughter, parent and brother or sister. But the LPR can only file the family petitions for spouse and unmarried son or daughter.
Does recent President’s proclamation for certain countries affect the family petition filings?
State Department clearly states that recent President’s proclamation will impact all nonimmigrant and immigrant visa categories for the nationals of Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. However, there are limited exceptions for the applicants from those countries such as:
Certain diplomatic and official visas
Certain immediate relative immigrant visas (spouses, children, and parents of U.S. citizens)
Adoptions by U.S. citizens, and
Lawful Permanent Residents (LPRs)
Therefore, the nationals from the above restricted countries may still be eligible to file their petitions / applications for those qualified categories.
What is a Priority Date?
The priority date is the date of the petition is approved by USCIS. The priority date can be seen on the receipt (Form I-797C) issued. The priority date plays critical role for approved beneficiaries of family petitions in order to get visa through consulate process. Once the priority date becomes current, a beneficiary can continue with the visa process.
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
