FAMILY BASED IMMIGRATION
Family-based immigration is a legal process that allows U.S. citizens and Legal Permanent Residents to sponsor certain family members for immigration to the United States. For family members in the U.S., they will begin a process called Adjustment of Status. Whereas family members who are outside of the US will secure their Legal Permanent Residency through consular processing. The goal is to reunite families and provide opportunities for family members to live and work in the U.S.
Eligible Family Members
U.S. citizens can sponsor spouses, children, parents, and siblings, while Legal Permanent residents can only sponsor spouses and unmarried children under the age of 21.
Categories
Immediate Relatives: This includes spouses, minor children, and parents of U.S. citizens, with no annual cap on visas.
Family Preference Categories: This includes other relatives, such as adult children and siblings of U.S. citizens, or spouses and unmarried children of Legal Permanent Residents. These categories have annual quotas, leading to potentially longer wait times.
Application Process
The process for those in the U.S. seeking legal permanent residency is called Adjustment of Status. For those family members living abroad, the process followed is Consular Processing. The Adjustment of Status filing involves only working with United States Citizenship and Immigration Services (USCIS) which Consular Processing involves working with USCIS and the U.S. State Department.
Employment Authorization & Benefits
Family members filing for an Adjustment of Status may also apply for an Employment Authorization Document while their application is being processed. The end of the process and the goal of Adjustment of Status and Consular Processing is to secure Legal Permanent Residency here in the United States.