Family Non-U.S. Citizen Spouse, Parent or Adult Child Petitions
Q: Can a family member who is not a U.S. citizen spouse, parent or child petition for me?
A: Yes. There are categories for U.S. citizens to petition for adult children (separate categories for those who are married and those who remain unmarried) as well as for brothers and sisters. There are also categories available in which a U.S. permanent resident may petition for spouses and children as well as for their adult unmarried children.
However, most of these categories are backlogged and have long waiting periods for immigrant visa availability - see our FAQ on priority dates and preference classes for a detailed explanation of how this works.
Q: Due to the backlogs, is it practical or desirable to pursue these types of petitions?
A: It depends on the foreign national's situation - often the wait for permanent residence through this pathway is so long that individuals who must plan a future for themselves and their families find it impossible to use this avenue as anything more than a back-up plan.
If the foreign national being petitioned for is still living abroad, a relative petition by someone other than a U.S. citizen spouse may be the only viable option - even though it will take an extremely long time - if no other pathway for immigration to the U.S. is available.
For an individual living in the U.S., the question is more complicated, and depends in part on the foreign national's current immigration status. If an individual living in the U.S. is without valid legal status, they could not Adjust Status in the U.S. and would need to go abroad - thus subjecting themselves to the three or ten-year bar to reentry and preventing prompt return to the U.S.
Because of the delay in visa availability for non-USC-spouse family petitions, it is rare for a nonimmigrant status to be available which will keep the foreign national here long enough to adjust status to U.S. permanent residence this way. So, even an individual in valid status may be in the same situation as an individual living abroad, and may need to leave the U.S. before the expiration of his or her status and wait overseas for an available nonimmigrant visa. Again, the wait here may be so long as to be impractical.
Q: Are there any strategies which might decrease the wait for permanent residence by making an immigrant visa available earlier?
A: There are ways of planning which will change the preference classification of the petition to one with a shorter backlog. The most common is for the a U.S. Permanent Resident petitioner, such as one for a Family 2A or Family 2B petition, to apply for U.S. Citizenship if eligible.
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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.