Last week I wrote about the immigration options for relatives of a US Citizen.   There are two main types of relative:  Immediate relatives and preference categories.   A U.S. citizen can apply for his or her parents, spouse and unmarried children under 21 years old.  These are called immediate relatives.   Immediate relatives do not have a waiting list — they can come as soon as the processing on their visas is completed.

The other relatives of a U.S. citizen that can come are brothers and sisters and sons and daughters who are over 21 years old.  There are called “preference visa categories.”  There are different categories of visas for these classes of relatives and different wait times — the shortest of which is six years for most unmarried sons and daughters of U.S. citizens.

A Green Card holder, otherwise known as a Lawful Permanent Resident (LPR), has more limited options.   He can only bring over his spouse and his unmarried children.   These are divided into two classes.  The first class consists of a LPR’s spouse and/or unmarried children under 21.   There is currently no waiting list for these relatives, but that changes.   I have seen it be longer than a five year wait.   The other category is unmarried children over 21.  Currently there is a six-year wait for most of these children, but there is a ten-year wait for Filipinos and a 22-year wait for Mexicans.   If the LPR obtains his citizenship while he is waiting, the people convert into the applicable relative of a US citizen category and the new wait times, which are usually shorter, will apply.  If the corresponding category for relatives of U.S. citizens is longer, the visa applicant can elect to stay in the LPR-related class.   For example, right now, it is quicker for an unmarried son or daughter of an LPR to come to the U.S. than it is for an unmarried son or daughter of a U.S. citizen.   In that case, it would be better for the visa applicant to keep in the LPR visa processing category.

Almost always, these preference relatives will come through what is called “consular processing.”.  In other words, you will need to file a visa petition for them and they will need to wait outside the U.S. — usually for years, while the visa is processed and then while everything sits and waits for the waiting list to finally become current.  They are not allowed to just stay in the U.S. and wait, and often, they will not even be allowed in the U.S. on a tourist visa because they have an immigrant petition pending.  Sometimes, a person might qualify for some type of employment visa, and, as a result, be in the U.S. when their spot on the waiting list becomes current.  In that case, they can apply for Adjustment of Status and obtain their green card here in the U.S.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong