U.S.
immigration law was designed to encourage
family reunification. Most immigrant
visas are issued to relatives of
U.S. citizens or permanent residents.
Immediate relatives of U.S. citizens are
exempt from quotas and can generally
process their applications quickly.
Immediate relatives include spouses
and minor children of U.S. citizens
and parents of U.S. citizens who
are over 21 years of age. Spouses
of U.S. citizens are granted a
two-year conditional green card,
unless the marriage has been in
existence for at least two years
at the time the applicant is admitted
as a resident. Conditional permanent
residents must apply to remove
the conditional nature of the green
card during the 90-day window prior
to the expiration of the conditional
green card.
There are also five family-sponsored
categories that are subject
to numerical limits, which often
create long waiting lines. The
waiting lines can be longer for
applicants born in India, Mexico,
the Philippines, and mainland China.
First Preference
The first preference is
for unmarried sons and daughters
of U.S. citizens regardless of age. There is
generally a waiting line of approximately
six years for first preference
immigrants.
Second Preference
The second preference includes
two sub-categories: one for spouses
and minor children of permanent residents;
and the other for unmarried adult
sons and daughters of permanent residents.
The first sub-category presently has
a waiting line of approximately five
years. There are no benefits
granted to applicants waiting for
a visa to become available. Because
of the very limited number of visas
allocated, and the large number of
applicants, adult unmarried sons
and daughters of permanent residents have
to wait even longer to obtain
permanent resident status. Caution
should be exercised before filing
a second preference petition for
unmarried adult sons and daughters.
They will generally not be able to
legally immigrate for at least
eleven years, and even longer—sixteen
years—if they were born
in Mexico.
Third Preference
The third preference category
is for married sons and daughters
of U.S. citizens. This category has
a waiting line of approximately eight
years, and approximately sixteen
and seventeen years, respectively,
for applicants born in Mexico and
the Philippines.
Fourth Preference
The fourth preference is
for brothers and sisters of U.S.
citizens who are 21 years of age
or over. This category is
backlogged over eleven years and
is moving slowly. It is possible
that it could take anywhere from
15 to 21 years to immigrate through
a U.S. citizen sibling.
Battered Spouses / Children of U.S.
Citizens or U.S. Permanent Residents
In 1994, Congress passed a law
referred to as "VAWA," which
stands for the Violence Against
Women Act, creating special routes
to immigration status for certain
battered noncitizens. Among
the basic requirements for eligibility,
a battered noncitizen must be the
spouse or child of an abusive U.S.
citizen or permanent resident.
Through a self-petitioning process,
the battered spouse/child may apply
for permanent residency without
the involvement of the abuser.
Battered spouses or children of
U.S. citizens or permanent residents
who are the subjects of deportation
proceedings may also be eligible
for this form of relief through
cancellation of removal.
Battered spouses who have been
granted conditional residence through
marriage to a U.S. citizen or legal
permanent resident may also be
eligible to apply for relief to
remove the conditions of his/her
residence by independently filing
a Form I-751 application.
There is extensive evidence that
must be gathered in support of
these forms of relief, including
evidence of battery/abuse/extreme
cruelty and proof of the qualifying
relationship to the abuser.
Adopted, Abused or Abandoned Children
Special Immigrant Juvenile Status
(SIJS) is a path to legal permanent
residency available to unmarried
children under the age of 21, who
have been abused, neglected or
abandoned. Children eligible
for this form of relief are under
the jurisdiction of a juvenile
court, where the court has found
(1) that the child cannot be reunified
with either parent because of abuse,
neglect or abandonment, and (2)
that it would not be in the child's
best interest to be returned to
the home country. This can include
children in dependency proceedings,
delinquency proceedings, and guardianship
through a probate court.
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