FAMILY SPONSORED IMMIGRATION

Priority Dates

All immigrant visas are subject to a complicated quota system. Generally each country receives a maximum of 25,620 visas per year.

The applicant will be subject to the country limit of his or her country of birth. A visa must be available in order to apply for adjustment. Nationals of China, India, and Mexico, for example, often must wait for a visa to become available. Priority order is as follows:

Marriage to a US citizen
First Preference:  Unmarried children of U.S. citizens
Second Preference: Spouses and unmarried children of U.S. Permanent Residents. (unmarried children under 21 have priority over unmarried & over 21)
Third Preference: Married children of U.S. citizens
Fourth Preference: Brothers and Sisters of U.S. citizens
Immediate Relatives:  Parents & their Spouses of U.S. citizens

Procedure

1. Filing petitions for approval in your preference category. Response from INS in approximately 90-120 days.
2. Assuming approval, when the visa becomes available, if in the United States, apply to INS for adjustment of status to permanent residence or apply for interview at the Consul Post nearest your foreign residence. Allow 8-10 months for the entire process.
3. A green card follows approximately six months.
4. While in the United States, the alien must remain in legal immigration status, while waiting for the visa to become available.
5. Unauthorized employment or staying in the US with an expired visa, bars adjustment of status to permanent residence in the US.