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Who qualifies for family immigration?

| Aug 6, 2020 | Immigration Law

If you are a U.S. citizen or lawful permanent resident, you can sponsor certain family members for legal immigration. If eligible, your loved one can apply for a Green Card to become a lawful permanent resident. 

Learn more about the categories of family immigration currently recognized by U.S. Citizenship and Immigration Services. 

Immediate family members

Relatives who fall into the category of immediate family for immigration purposes include: 

  • Your parent if you are at least 21 years old 
  • Your child if he or she is not married and is younger than 21 
  • Your spouse 

You must be a U.S. citizen to sponsor your family members for family immigration. In addition, your fiance and his or her child can apply for a K-1 or K-2 nonimmigrant visa. 

Other family members

The USCIS has also established other family preference categories. Family members who you can sponsor for this type of immigration include: 

  • Your child if he or she is older than age 21 or married and you are a U.S. citizen 
  • Your sibling if you are at least 21 years old and a U.S. citizen 
  • Your spouse if you are a lawful permanent resident 
  • Your child if he or she is not married or is younger than 21 and you are a lawful permanent resident 

Family members who qualify under these categories are subject to other requirements. Grounds of inadmissibility to the U.S. may include but are not limited to public health concerns such as communicable disease, serious criminal or moral offenses, national security concerns, fraud, and misrepresentation. Your family member may also be ineligible if he or she had previous deportation from the U.S.