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The Department of State issues a
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FOCUS: Each year thousands of immigrants migrate legally into the United States through family immigration ties. Thousands more with approved petitions wait for visas in the ubiquitous “immigration line.” For some, the wait can be 10 years or more. That’s because the United States sets aside a certain number of visas every year for family members of U.S. Citizens and Legal Permanent Residents. Quotas vary by country and you can get the latest information on wait times by visiting the Visa Bulletin. Once the quota is full, no more visas are issued and the relative with the approved petition must wait “in line”, until petitions filed before theirs are processed. Citizens can also petition for their fiancés, married children over 21, and for their brothers and sisters. Fiancé visas are non-immigrant visas and not subject to the immigrant quotas. The category was created so that fiancés of American citizens and their children can migrate quickly to the United States and get married.
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Family Immigration 101 1. To petition for your parents, you must be an American Citizen and you must be over 21, 2. If you entered the U.S. illegally after April 30, 2001, you will not be able to adjust status even if you are married to an American 3. Only American Citizens may petition for their brothers and sisters. Waiting times can be very long. See Visa Bulletin.for current availibility. 4. If you are here illegally and depart the U.S. you will be subject to the inadmissibility bars. The inadmissibility bars only kick in when you leave. (Hint: Be very careful about leaving the U.S. to attempt to get a visa / waiver after receiving an approved 1-130 petition. ) 5. Spouses, parents and minor children of U.S. Citizens are considered immediate relative and are not subject to numerical limits. 6. If you petition for your fiancee, you must marry them within 90 days of their arrival. 7. You may petition for an adopted child if you adopted that child before they reached the age of 16 and you have been living with them for two years. 8. If you sign an Affidavit of Support for someone, you are signing a contract with the U.S. government agreeing that you will be financially responsible for that person for 10 years, or until they become a U.S. Citizen. 9. Immigration Law does not recognize common law marriage. You must be legally married to petition for your spouse. 10. If Immigration authorities discover that you been in a sham marriage or divorce for the purpose of getting some immigration benefit, you may be prohibited from entering the United States FOREVER. (Tip: Don't get married just for the papers)
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