Preference Petitions

ADJUSTMENT OF STATUS: FAMILY-BASED PREFERENCES

ELIGIBILITY

The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to individuals seeking permanent resident status (a green card) each year.

Your status determines which relatives (or future relatives such as a fiancé(e) or prospective adopted child) may be eligible to receive immigration benefits. In order to help a family member immigrate to the US, you must be a:

   (1) U.S. citizen;
   (2) Permanent resident (green card holder); or
   (3) Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years

IMMEDIATE RELATIVES - DESCRIPTION

The term “immediate relative(s)” is used to define certain immigrant relatives of US citizens. Immediate relatives include:

(1) Spouses of U.S. citizens
(2) Children (unmarried and under 21) of U.S. citizens
(3) Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available because they do not have a numerical limit. This means that your family member does not need to wait in line for a visa.

PREFERENCE CATEGORIES - DESCRIPTION

Preference categories include family relationships that are not immediate relatives and have annual numerical limits. The following are preference categories:

(1) First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
(2) Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
(3) Second Preference (2B): Unmarried adult sons and daughters of permanent residents
(4) Third Preference: Married sons and daughters (any age) of U.S. citizens
(5) Fourth Preference: Brothers and sisters of adult U.S. citizens

Family sponsored preference categories are limited to 226,000 per year. In addition, there are limits to the percentage of visas that can be allowed for each country.

Because the demand is higher than the supply of visas for a given year for some categories, a visa queue (waiting list) forms. To dis-tribute the visas among all preference categories, the Department of State gives out the visas by providing visa numbers according to the preference category and one’s priority date. The priority date is the date that the petition is properly filed with US Citizenship and Immigration Services (USCIS). When the priority date becomes current, the individual will be eligible to apply for an immigrant visa.

Spouses and children who are accompanying or following to join an immigrant who is within a family preference category are entitled to the same preference status and to the same place in line as the principle immigrant. However, the spouse or child must be acquired before the principle immigrant’s admission as an LPR.

A marriage must be legally valid in the jurisdiction in which it took place (parties of marriageable age, ceremony performed by an authorized official, etc.) and factually genuine, meaning that at the inception of the marriage the parties intended to establish a life together.

APPLYING

If you and/or your relative need assistance becoming a green card holder, please contact our office at 305.358.0155.

Please be prepared to provide our office with the following items in support of your case:

From the Petitioner:

(1) Evidence to establish that the Petitioner is a USC or LPR, i.e. birth certificate, passport, naturalization certificate;
(2) Evidence to establish the relationship between the petitioner and the beneficiary, i.e. marriage certificate, birth certificate;
(3) 2 passport-style photos;
(4) Letter from employer confirming employment and salary; and
(5) Most recent US income tax returns and W-2 forms.

From the Beneficiary

(1) 6 passport-style photos;
(2) Sealed medical examination results;
(3) Copy if biographical page from passport;
(4) Form I-94 or other proof of legal entry;
(5) Evidence of maintenance of status, if applicable;
(6) Birth certificate or other evidence of family relationship;
(7) Marriage certificate;
(8) Divorce decree, if any.