FamilyBased Immigration

1
Family-Based Immigration

• By Karen Valdez

2
For purposes of this presentation the following
shall mean

• Family-Based Immigration where the spouse,
  parent, or child of a United States citizen may
  qualify to get an immigrant visa. It also
  applies to the spouse or unmarried son or
  daughter of a permanent resident.
• Petitioner the U.S. citizen or permanent
  resident filing for a relative.
• Beneficiary the family member or relative being
  petitioned for by a U.S. citizen or permanent
  resident, to get an immigrant visa.

3
Family-Based Immigration is divided into two
groups

• Immediate Relatives of United States citizens
• Immediate Relatives do not have to wait for long
  periods of time in order to immigrate to the
  United States because they have a high priority
  and have no limitation as to the number allowed
  to come to the United States.

• The Four Family-Based Preferences
• Individuals who qualify under one of the four
  family-based preferences will not have the same
  luck as those who qualify as immediate relatives.
  These individuals will have a waiting period
  depending on the preference where they fall into.
  The least amount of time being for the first
  category and the most amount of time being for
  the last category.

4
Immediate Relatives of United States Citizens

• Spouse of U.S. citizen.
• Unmarried child (under 21) of a U.S. citizen.
• Parent of a U.S. citizen where the citizen is 21
  or older.
• Spouse of a deceased U.S. citizen.
• (had been married for two years not legally
  separated self-petitioned within two years of
  the spouses death has not remarried).

5
Family-Based Preference Categories

• First Family-Based Preference Adult unmarried
  sons and daughters (age 21 or older) of United
  States Citizens.
• Second Family-Based Preference A Spouse and
  unmarried children under age 21 of permanent
  residents.
• Second Family-Based Preference B Unmarried son
  or daughter of any age of permanent residents.
• Third Family-Based Preference Married sons and
  daughters of U.S. citizens.
• Fourth Family-Based Preference Brothers or
  sisters of U.S. citizens where the U.S. citizen
  is 21 years of age or older.

6
Family Relations

• There are ways in which the law defines family
  relations such include, husband and wife, child
  and parent, and brother and sister relationships.

7
Husband or wife
If a petition is filed by you or your spouse, the
first thing you must prove is that you didnt get
married just to get a green card. Further, if
you were previously married or your petitioning
spouse had been married, you must prove that
either divorce or death were the factors that
caused you prior marriages to end.
8

• Where a prior marriage ends in death you must
  present a death certificate along with your
  petition.
• Where it ends in divorce
• you should submit the divorce judgment.
• Where divorce takes place in a foreign country
  the USCIS checks that such divorce is valid under
  the state laws or country where the marriage took
  place.

9

• If you and your spouse are not living together
  that does not mean that your petition cannot be
  approved. You must demonstrate the validity of
  the marriage by showing that the separation does
  not mean that you and your spouse will no longer
  live together. However, the USCIS considerers or
  renders a marriage to be over if you or your
  spouse has filed a separation agreement or
  divorce action with a court.

10
The Five Year Rule

• If your marriage to a U.S. citizen or permanent
  resident results in your becoming of a permanent
  resident, remarrying and petitioning for a new
  spouse is not allowed unless you prove one of the
  following circumstances
• The death of your spouse ended the prior
  marriage.
• You didnt enter the prior marriage only to
  become a permanent resident.
• Five years have passed since you first became a
  permanent resident.

11
Real Marriages vs. Green Card Marriages

• A marriage between a man and a woman will not be
  recognized if the marriage is for the purpose of
  obtaining a green card.
• Entering a phony marriage and getting caught
  might result in permanently being prohibited from
  becoming a permanent resident.

12
Evidence of bona fide or real marriages
include

• Photographs of your wedding, of your reception,
  or of you and your spouse together before or
  after you were married.
• Records of a joint bank account.
• A lease for an apartment or a mortgage agreement
  for a home containing both your and your spouses
  name.
• Letters from third parties addressed to you and
  your spouse at the same address.
• Health and other insurance policies with the
  names of you and your spouse.
• Affidavits from friends, relatives, or religious
  leaders as to the honesty of the marriage.
• Personal records showing your spouse as your
  emergency contact.
• Joint tax returns.
• Joint credit cards.
• Utilities and phone bills with both names.

13
The Parent-Child Relationship

• If you are filing for your parent or your
  parent is filing for you, you must prove that a
  parent-child relationship exists between you and
  your child or you and your parent.

14
A. Mother-Child

• You are considered the son or daughter (child) of
  your natural mother, no matter where your mother
  and father got married. Except adopted children
  because once adopted they no longer have a
  mother-child relationship with their natural
  mother.

15

• B. Father-Child

• One of the following conditions must be fulfilled
  in order to be considered the child of a natural
  father
• The child was born to married parents.
• The child was legitimated before the age of 18.
• The country of nationality does not distinguish
  between legitimate and illegitimate children.
• The parent-child relationship was established
  prior to the childs 21st birthday.

16

• C. Stepparent-Stepchild

In order for the United States Immigration law to
recognize a stepparent-stepchild
relationship -Stepchild must be less than 18
years old at the time the marriage took place
between his or her natural parent and the
stepparent. -This parent-child relationship
remains effective no matter what the age of the
child is at the time the petition is
filed. -Also, the USCIS will sometimes recognize
the parent-stepchild relationship, even after the
natural parent and stepparent divorce.
17

• D. Adopted Child

The USCIS will consider a person to be a child of
a parent if the child -was adopted before the
age of 16. -has lived in the same household with
his or her adopted parent. -has been in the
legal custody of his or her adopted parent for
two years.
18

• E. Orphan Child

• The causes for a child becoming an orphan must be
  death, disappearance, or abandonment by his or
  her parents.
• How to petition for an orphan?
• Must be a married U.S. citizen or be more than 21
  years old.
• Must have adopted the child abroad or must prove
  that when the child arrives to the United States,
  he or she will adopt such child.

19
Brother or Sister

• Establishing a brother or sister relationship
  involves
• Proving one parent in common
• U.S. citizen must be more than 21 years of age
  to petition for a brother or sister.

20
Self-Petitioning- Abused Spouse or Child

• A person or a persons child might be able to
  self-petition for a green card if such person or
  persons child has been physically or mentally
  abused by the U.S. citizen or permanent resident
  spouse. You can file this petition by yourself,
  therefore you do not need a sponsor.
• In order to qualify you or your child must
• -have either been battered or put through
  extreme cruelty by the U.S. citizen or permanent
  resident spouse.
• -be living in the United States and have lived
  with your spouse for some time. (However, you do
  not need to be living with your spouse at the
  time you file the petition)
• -have been abuse that happened during the
  marriage.
• Two things to prove to the USCIS for them to
  approve you petition are
• (1) you or your child suffered abuse by your
  spouse
• (2) you or your child will suffer extreme
  hardship if removed from the United States.

21
Documents required to prove that you are an
abused spouse, abused child or the parent of an
abused child

• Record of having called the police.
• Family court protection order.
• Letter from a psychiatrist, psychologist, or
  social worker.

22
Self-petitioning for a widow(er)
In order to self-petition you must be or have
been -the widow or widower of a U.S.
citizen. -married to the deceased U.S. citizen
for at least two years. When and under what
circumstances must the petition be filed? -within
two years of your spouses death -must not have
remarried at the time you become a permanent
resident. -file the USCIS form I-360, Petition
Widow/Special Immigrant.
23
Sample USCIS form I-360, Petition Widow/Special
Immigrant.
24
Sample form I-130, Petition for Alien Relative
25
Works Cited Page

• Wernick, Allan. U.S. Immigration Citizenship.
• Roseville, California Prima Publishing, 2002

26
Conclusion
The U. S. Citizenship and Immigration Services
(USCIS) is the governmental agency within the
Department of Homeland Security (DHS) that
assists individuals in obtaining a visa.
Although, there are many ways in which a person
may receive a green card, getting one through a
family member is one of the most common. It is
necessary to understand the different ways in
which a person may qualify to get a green card
under the Family-Based Categories. I hope that
this presentation has helped to achieve just
that, a better and more detailed understanding of
what Family-Based Immigration is about and the
people who meet the requirements to acquire a
visa under family-based immigration.