I Want to Bring My Family to the U.S.
Family based immigration is limited by statute to 480,000 per year worldwide and allocated across all family categories. Therefore, where possible, it is best to avoid the preferences and apply under the immediate relative (IR) category.
“Immediate Relatives” is defined as, “spouses and unmarried children under 21 (minor) of U.S. citizens or the parents where the U.S. citizen sponsor is over 21.” If the petitioner qualifies for this category, the process is quicker and easier. However, where not available, the process requires a preference category, which is more complex and lengthy.
Why? The number of immediate relative visas granted in one year is subtracted from the 480,000 cap on preference based family visas the following year. Then, the unused employment-based immigrant visas in one year are added to the family based immigrant visa numbers the following year, and unused family based visas in one year are added to the cap in the next year.
As a consequence, the more immediate relative visas taken in one year, the less numbers available for preference based visas the following year. The more employment based visas taken, the less carried over to the preference visas. The more preference visas taken, the less carried over to the preference categories for the next year.
Complicated? Yes.
With increased immigration to the U.S., all visa categories are gobbled up, therefore, not only delays, but regression can occur once the yearly audit of available visas is completed. This means the expected visa date can slide backward. At best, the expected date is only an estimate.
Family Reunification is the policy of U.S. immigration law, but achieving it requires either immigration planning or good fortune.
We provide good immigration planning because we know the law and we deeply care about your family unity.
Our firm is seasoned, experienced, capable and sensitive. Consult us.
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