Reuniting and keeping families together has traditionally been Congress' foremost consideration in the promulgation of U.S. immigration laws. The information found in this article will help you to identify all the lawful forms of relief available to foreigners based on their family relationship to citizens or to permanent residents of the United States.

The Immigration and Nationality Act ("INA"), as amended by the Immigration Act of 1990, retains family reunification as a major objective. Under the INA, foreign nationals can become U.S. permanent residents, allowing them to live and work in the U.S. without time limitations, based on their qualifying family relationship to a U.S. citizen or legal permanent resident.

Family-based immigration falls under two basic categories: unlimited and limited. For instance, there is no limit on the number of visas available for immediate relatives of US citizens, including: adult parents, spouses and unmarried children under the age of 21. Returning permanent U.S. residents, after a temporary visit of more then one year abroad, also fall in the unlimited preference category.

Those not eligible for the unlimited category are issued a preference number based on factors that include: the nature of the relationship with the US citizen or permanent resident, the date a petition was filed asking the BCIS to issue a visa, and the country of origin of the prospective immigrant.

The BCIS has established four preference categories for other immediate family members and relatives. A limited number of visas are allotted to these preference categories each year.

The family-based limited preference categories are:

1. First preference: Unmarried sons and daughters over 21 of U.S. citizens, and their children.
   
2. Second preference:
   
   • Spouses of permanent residents ("green card" holders) and their unmarried sons and daughters under the age of 21.
     
   • Unmarried sons or daughters, over the age of 21, of permanent residents ("green card" holders).
   
   
3. Third preference: Married sons and daughters of U.S. citizens, and their spouses and children.
   
4. Fourth preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.

PROCEDURE:
First, the permanent residence petition is filed with BCIS to have the foreign national classified as a qualified family-based immigrant. Once the foreign national is found qualified to be within one of the groups to which U.S. Congress has given preference (as discussed above) and a visa in that foreign national's preference category is immediately available, he can then either obtain his immigrant visa at a U.S. consulate abroad or adjust to permanent residence from within the United States.

If the foreign national applies for adjustment of status, it is important that he remains in lawful status; otherwise he may not qualify for the adjustment of status.

Special issues-quota chargeability, where the birth, marriage, or prior divorces took place, etc.- may arise that can affect the foreign national's ability to immigrate through family-based petitions. These issues should be identified and resolved in advance.

It is critical for your case to be filed correctly (at a proper place, using proper forms, with all the required supporting evidence) and closely monitored after submission. Your career, family life and future plans in the U.S. can be severely impacted by an improperly filed immigrant petition. To avoid these unpleasant circumstances, we encourage you to consult with an experienced immigration attorney regarding the current U.S. immigration laws and procedures before filing.

About the Author: James Root

Root Law Group is a full service, exclusive immigration law firm which handles cases in all areas of immigration and nationality law. James Root, principal attorney for Root Law Group, has dedicated his entire legal career to fighting for and protecting the rights of U.S. immigrants and their U.S. employers. He is proactive in advocating reforms to the U.S. immigration laws and policies, especially those affecting professional workers and their immediate family members.

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