Family Based Immigration in the United States

Family Based Immigration

 

If you are U.S. citizens and legal permanent residents, you can sponsor close family members:

U.S. Citizens' Immediate Relatives(Spouses, Unmarried children (under 21 years), Parents, brothers or sisters)

 

 

※Family Preference Categories (112,000 annually; 7% country)

-Unmarried sons/daughters (F1) (23,400)

-Married son/daughters (F3) (23,400)

-Brothers/Sisters (F4) (65,000)

-Lawful Permanent Residents (114,000 annually)

-Spouses and children (F2A)

-Unmarried sons/daughters (F2B)

-What about stepchildren and adoptions?

-As long as the step-relationship occurred before the child turned 18

-Adoptions must have occurred before the child turned 16 and comply with the Hague Convention

 

1. The Process:

 (1)Petition for Alien Relative (Form I-130)

 -Costs: $535.00

 -Processing Times: 5 to 29 months

 -Only establishes proof of a valid, familial relationship

(2)Adjustment in the United States (Form I-485)

 -INA 245(a): Must have been inspected and admitted, or paroled into the U.S.

    1)Makes an application for adjustment;

    2)Is eligible to receive an immigrant visa and is admissible

    3)An immigrant visa is immediately available at the time application is filed

  -Costs: $1225.00

 

2. What is considered a lawful marriage?

 -“the validity of the marriage is ordinarily judged by the law of the place where it occurred.”

 -What’s included:

  •Must foreign marriages

  •Common Law marriages

 -What’s excluded:

  •Most proxy marriages outside long held religious rights of marriage ( i.e. arranged marriages)

  •Polygamous marriages

  •Close interfamily marriages (kissin cousins)

 -What about Fiancés?

  •K-1 visa

  •Must show intent to marry and prior relationship

  •Granted 90 day visa to enter the US and marry.

 

Fredrik Lee & Kim Immigration 

Gwanghwamun office, #1707, 92 Saemunan-ro, Jongho-gu, Seoul, Korea