Immigrant
1. Immediate Relatives (Spouse/Child/Parent of US Citizens)
Children of U.S. Citizens
A - Age. Children of US citizen number unmarried and under 21 years of age,
For children of U.S. citizens who seek to qualify as immediate relatives, the Child Status Protection Act freezes their "ages" as of the date the petitions are filed on their behalves.
B - A stepchild will qualify for immediate-relative status when (1) the marriage creating the stepchild relationship occurred before the child's 18th birthday and (2) the stepchild relationship exists at the time the status is sought.
C - Legitimated Child. Child born out of wedlock will also qualify as an immediate relative if (1) he or she is legitimated under the law of the child's or the father's residence, and (2) the legitimation occurs while the child is under eighteen and in the legal custody of the legitimating parent.
D - Child born out of wedlock. Illegitimate child of a U.S. citizen mother is entitled to immediate relative status. A child born out of wedlock of U.S. citizen father is entitled to immediate relative status only if U.S. father "has or had a bona-fide parent-child relationship with the child." To prove that father must show that he financially supported child, they lived together, etc.
E - Adopted Child. Adopted child qualifies as immediate relative if:
- the child was adopted while under the age of sixteen years, and
- the child has been in the legal and physical custody of the adopting parent for at least two years.
Spouses of U.S. citizens
The parties must show that they entered into valid marriage. For marriages entered into within two years, the immigrant obtains a conditional permanent residence status for 2 years. 90 days prior to expiration of the conditional status, immigrant and his spouse must file joint Form I-751 with supporting documents to remove condition.
Exception for Joint Filing: (1) Battered spouses and children; (2) Victims of terrorist attacks; (3) Divorced, but must prove that they entered into bona-fide marriage and not just to obtain a permanent residency.
Parents of U.S. citizens
The US citizen child sponsoring his/her parents must be at least 21 years old.
A - Stepparent would qualify if the marriage that created the stepchild's relationship occurred while the child was under 18 years of age. But status as a stepparent would be lost if the marriage was terminated before immigration petition was filed.
B - Adoptive parents would qualify if child was adopted before 16 years of age and was in legal and physical custody of adoptive parents.
C - Biological parent of a child who was adopted by US citizen is precluded from claiming immigration benefits on the basis of such a relationship. However, if the adoption is legally terminated, then the now-U.S. citizen child may seek benefits for his or her biological parent, as the natural relationship is considered re-established.
2. Other Family-Based Categories
First (F1): Unmarried adult sons and daughters of U.S. citizens.
Second (F2): F2A - Spouses and children (under 21) of lawful permanent residents;
F2B – Unmarried children of lawful permanent residents (21 years of age and older)
Third (F3): Married sons and daughters of U.S. citizens.
Fourth (F4): Brothers and sisters of adult U.S. citizens.
3. Employment-Based Immigrants (EB-1/EB-2/EB-3/EB-4/EB-5)
First (EB1): Aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
Second (EB2): Aliens who are members of the professions with advanced degrees and aliens of exceptional ability in the sciences, arts, or business.
Third (EB3): Professionals with baccalaureate degrees, skilled workers (with two or more years of work experience), and other (unskilled) workers.
Fourth (EB4): Special immigrants such as: ministers and other religious workers, etc.
Fifth (EB5): For entrepreneurs investing a certain amount of capital to set up a new business, if the business benefits the U.S. economy and provides at least 10 jobs for U.S. workers. Amount of investment is $1,000,000.00. But for specially designated Regional Centers amount of investment is $500,000.00
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