What are the requirements for China citizens to travel to the United States and how to apply?

As we all know, there are two ways to immigrate to the United States, one is labor immigration, and the other is immigration through relatives. Relative to labor migration, relative migration is much simpler in document preparation and application procedures, which can be said to be a simpler way, provided that you are lucky enough to have qualified relatives to apply for you. So, who can immigrate through relatives and who can't? Are there any differences in application procedures between relatives living overseas and those living in the United States? According to American immigration law, relative immigrants are divided into two categories: close relatives and priority relatives. The former is not subject to the annual quota in the immigration law, while the latter is subject to the quota. Priority relatives are divided into four priority categories according to their relationships. 1. Close relatives without quota restrictions The close relatives mentioned here only refer to the close relatives of American citizens, excluding the close relatives of green card holders (permanent residents). Specifically, it includes spouses of American citizens, unmarried children under 2 1 year old, and parents of American citizens over 2 1 year old. The "spouse" mentioned here refers to the legal husband or wife of the opposite sex. American immigration law does not recognize gay "spouses". The "unmarried children under 2 1 year-old" mentioned here is not limited to the biological children of American citizens, but also includes unmarried children under 18 years old born to their spouses and ex-wives, and unmarried children under 16 years old legally adopted by American citizens. The so-called "unmarried" includes never getting married, or the death or divorce of the spouse, or for other legal reasons, the marriage is invalid. Close relatives of American citizens who belong to this category can apply for immigration to the United States at any time without waiting for a timetable. 2. Priority relatives subject to quota restrictions include the following four categories: (1) First priority: married children of American citizens aged 2 1; (2) The second priority category A: American permanent resident spouse or unmarried children under 2 1 year old; The second priority category B: unmarried children of American permanent residents with 265,438+0 or above; (3) Third priority: married children of American citizens; (4) Fourth priority: brothers and sisters of American citizens. The "brothers and sisters" mentioned here include half brothers and sisters, half brothers/half brothers and sisters, and adopted brothers and sisters. The State Council will issue a visa bulletin every month, announcing the priority dates of various priority categories of immigration applications. Priority relatives subject to quota must wait for the priority date before they can adjust to immigration status or interview at the consulate. Generally speaking, the lower the priority, the longer the waiting time. For example, the first priority application usually takes 4 to 5 years, while the fourth priority application is as long as 12 years! In addition, applications submitted by American citizens generally get green cards before applications submitted by permanent residents (green card holders). As can be seen from the categories listed above, there are several kinds of relatives who cannot apply for immigration through relatives: first, parents of permanent residents; Second, married children of permanent residents; The third is the brothers and sisters of permanent residents. Fourth, American citizens and permanent residents; Fifth, grandchildren of American citizens and permanent residents; Sixth, uncles and aunts of American citizens and permanent residents. In addition, American citizens adopted by others cannot apply for immigration for their biological parents and biological brothers and sisters. Also, if relatives have illegally entered or overstayed in the United States, they should consult a professional immigration lawyer when applying for immigration. The application procedure of relative immigration varies according to the location of relatives: one is the situation of relatives overseas, and the other is the situation of relatives in the United States. In either case, American citizens or permanent residents need to submit immigration applications for them first. After the application is approved, relatives can obtain permanent resident status by applying for entry immigrant visas from American embassies and consulates abroad, or applying for adjustment of their status in China. First, relatives are overseas. If the relatives are overseas, the Immigration Bureau will transfer the case to the National Visa Center in the State Council after approving the immigration application submitted by American citizens or permanent residents. After the trial is completed in the National Visa Center, if the relative is not subject to the immigration quota, or the schedule has been arranged despite the quota, the case will be transferred to the American embassy or consulate in the country or region where the relative is located, and the embassy or consulate will arrange a visa interview. After the interview, relatives can enter the United States as permanent residents. Second, relatives are in the United States. If relatives have entered the United States through other visas and their status is valid, they should submit an application for changing their status to the China Immigration Bureau. If the relative is not limited by the quota, his application for change of identity can be submitted together with the immigration application submitted by American citizens or permanent residents. In practice, immigration authorities often examine and approve immigration applications and change of identity applications at the same time, instead of examining and approving immigration applications first and then changing of identity applications. If relatives are subject to quota restrictions, the application for change of identity can only be submitted after the scheduled date. It should be noted that once arranged, you can submit an application for changing your status regardless of whether your immigration application has been approved or is still under trial. The above introduction was made by lawyer Xie for the publicity and introduction of legal information in Chinese community.