Family Visas
The Immigration law allows the following family-sponsored petitions for permanent residency:
Spouses, unmarried children under 21, and parents of a US Citizen qualify for immediate relative status. This group is so highly preferred that no numerical limitation has been placed on this group, and no visa number is required. There is a special category set aside for orphans who will be adopted by U.S. citizens, Special Immigrant Juveniles, Amerasiah, widow(er) of U.S. citizens who died within the last 2 years, and self petitioning spouses and children of abusive U.S. citizens or permanent resident aliens.
Other family members of citizens or permanent resident aliens can qualify to immigrate to the United States, but are not considered as preferred as immediate relatives. As such, these aliens are subject to numerically limited number of immigrant visas available each year. This group includes unmarried sons and daughters of U.S. citizens, married sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of permanent resident aliens, brothers and sisters of citizens.
Additionally, the Immigration law allows a United States citizen to petition his fiancée to come to the United States for the purpose of marriage within 90 days. This visa may include unmarried children of the fiancée under the age of 21. The newly enacted LIFE act authorizes spouses and unmarried minor children who concluded a valid marriage with a U.S. citizen outside the United States to enter the United States on the "K" visa to await the approval of such petition and the processing of an immigrant visa.
The newly enacted LIFE ACT creates a V Visa available to spouses and unmarried children under 21 of permanent residents who have been waiting for permanent residence for 3 years or more from the time the visa petition was filed on his or her behalf, provided the visa petition was filed on or before 12-21-00
If the alien is in the United States in legal status, at the time of his application for permanent residence, and a visa number is not required or immediately available, he may in most cases remain in the United States and file for adjustment of status.
If the alien is in the United States illegally, and qualifies for the new Section 245(i) provision of the LIFE Act, he may adjust status in the United States upon paying $1,000.00 penalty fee. To qualify for this provision an alien must have filed a visa petition or labor certification prior to January 14, 1998; or file a visa petition or labor certification after January 14, 1998, before April 30, 2001, and prove that they were physically present in the United States on December 21, 2000.
If the alien is outside the United States or for some reason ineligible to receive the visa in the United States, he may process the visa at the American Consulate nearest to his place of residence.