Family Based Immigrants

 

Overview

The INS allows immigration of foreigners to the United States based on a relationship(s) the have to a United States citizen or permanent resident. Applications fall under two categories

 

a) Immediate Relatives and

b) Family-based Preference Categories:

 

Immediate Relatives

 

This category is reserved for immediate relatives of U.S. citizens. The following persons are defined as “immediate relatives”

• Spouses of United States citizens
• Minor children of United States citizens under the age of 21
• Parents of U.S. citizens (providing that the citizen petitioner is at least 21 years of age)
• Special provisions exist for spouses of deceased U.S. citizens. Please contact us for further information. There are no derivative beneficiaries of immediate relatives.

Family-based Preference Categories

 

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

 

Second Preference: Spouses, unmarried sons and unmarried daughters of lawful permanent residents.

 

Family Third Preference: Married sons and daughters of U.S. citizens.

 

Family Fourth Preference: Brothers and sisters of United States citizens provided the U.S. citizen is at least 21 years of age.

 

Derivative Beneficiary of Family Based Preference Categories: A spouse or child is entitled to the same status, and the same order of consideration, if accompanying or following to join, the spouse or parent.

 

Sponsors

 

All applicants immigrating through the family-based category must obtain a legally binding Affidavit of Support (Form I-864) as a condition of admission. Sponsors who sign the document must be at least 18 years of age, living in the United States, and able to support the family member being sponsored. The sponsor is financially responsible for the family member for 10 years or until the applicant has become a U.S. citizen. The affidavit is enforceable regardless of the sponsor’s actual intent.

 

Medical Examinations

 

Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. A designated doctor will conduct the examination. Examination costs must be borne by the applicant, in addition to the visa fees.

 

Police Certificates

 

Each visa applicant aged sixteen years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant's nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant ha resided for at least one year. A police certificate must be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant’s residence in any area. A certificate issued by the police authorities where you now reside must be of recent date when presented to the consular officer.

 

Immigration Processing Fees

 

In addition to the medical examination costs, the processing fee for each application is USD$110 upon filing of the Immigrant Petition for Alien Relative with the INS, and an additional USD$ 260 Immigrant Visa filing fee. The fee for the issuance of each visa is USD$65. Fees must be paid for each individual intending to immigrate regardless of age. The fees are non-refundable.