Family Based Visa--Relatives who may file for other relatives

Family Based Immigration Law-which relative may file for other relative?

A United States Citizen (USC)

A USC can file for a spouse, children (married or unmarried), parents, and siblings.

A USC cannot file for grandparents, aunts, uncles, and cousins.

For a USC child to file for a parent, the child has to be age 21 or older.

Foe a USC sibling to file for a sibling, the USC has to be age 21 or older

“Immediate relative” means a visa number is available for the spouse, child or parent  to get a green card. At the time of filing, the child has to be under age 21.

“Preference category” means that the intending immigrant has to wait for a visa to apply for a green card based upon that intending immigrant country of nationality.

A Lawful Permanent Resident (LPR)/Green card holder GCH)

A LPR can file for spouse and unmarried children. A child under 21 and a spouse is a mixed immediate relative and a preference category. The spouse has to wait while for a visa number, but it comes much sooner that say a sibling or a child over 21 to get that visa number.

A child who is over 21 is a preference category candidate.LPR cannot file for parent.LPR cannot file for sibling, LPR cannot file for married children   

Marcus Jrvis, attorney, 3621 85th Ave. N., Suite 201, Brooklyn Park, MN 55443. 763 425 5447. www.m-jlawltd.com www.a-tbooks.com