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Family-Sponsored Immigration

Family reunification has traditionally been the United States Congress’ foremost consideration in the promulgation of our immigration laws. The Immigration and Nationality Act ("INA") retains family reunification as a major objective.

Not all-family relationships serve as a basis for lawful permanent resident status. Under the INA there are two basic categories:

  1. Immediate Relatives

Under the INS, immediate relatives include:

  1. Spouses of U.S. citizens;
  2. Minor children (under 21) of U.S. citizens;
  3. Parents of U.S. citizens (petitioner must be at least 21 years old);
  4. Spouses of deceased U.S. citizens who were married at least two years prior to their U.S. citizens spouse’s death and who file within two years of the death anniversary of the spouse and while still unmarried;
  5. An alien born after the issuance of an immediate relative visa, but before it is used to apply for admission to the U.S.;
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  1. Preference Immigrants
  1. First Preference:  unmarried sons or daughters of U.S. citizens, includes those children age 21 or older;

  2. Second Preference:  (1) spouses or children of an alien lawfully admitted for permanent residence; and (2) unmarried sons or daughters (not the children) of an alien lawfully admitted for permanent residence;

  3. Third Preference:   married sons or daughters of citizens of the United States;

  4. Fourth Preference:   brothers or sisters of citizens of the U.S. (citizens at least 21 years of age);

  5. Derivative Beneficiaries:   spouse or child of the principal alien under the family-sponsored preferences is entitled to the same status and order of consideration.

 

21 Route 130 South
Cinnaminson, New Jersey 08077-2843 (click here for Contact Info; MAP & Directions)
Phone: (856) 786-7000  --  Facsimile: (856) 385-8181

E-Mail: Albert M. Afonso, Esq. @ mailto:albert@afonsobaker.com

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