Application conditions for immigration of the three major relatives in the United States

(1) Conditions for children to immigrate

According to the law, there are four main situations to apply for child immigration:

(1)2 1 Unmarried children of American citizens under the age of can apply for immigration, and there is no quota limit;

(2) Children who have reached the age of 2 1 year, but are unmarried, belong to the first priority category;

(3) Children who are married belong to the third priority category;

(4) Green card holders can also apply for their unmarried children. Beneficiaries belong to the second priority category, and divorced children are considered unmarried. Married children of green card holders have no priority.

The Immigration Law defines "children" as follows:

(1) legitimate children;

(2) A stepchild, as long as his biological father is married to his stepmother or his biological mother is married to his stepfather, and the child is under the age of 18, he has the status of stepchild;

(3) Children born out of wedlock can seek immigration status through their relationship with their biological mother or father, if they are related by blood;

(4) adopted children, adopted children before the age of 16, legally adopted by adoptive parents, who have lived with adoptive parents for two years.

The so-called parents here include not only biological father and mother, but also stepfather, stepmother, adoptive father and adoptive mother. In principle, the applicant's children should prove the existence of parent-child relationship. It should be noted that the relationship between the adopted children and their biological parents was terminated by adoption, so the adopted children obtained citizenship and could not apply for immigration to the United States for their biological parents.

(2) Conditions for brothers and sisters to emigrate

People with American citizenship, as long as they are over 265,438+0 years old, can apply for siblings to immigrate to the United States, which is the fourth priority in the priority category of relative immigration. People with permanent residency in the United States cannot be their brothers and sisters, but also include half-brothers or half-brothers. But this stepbrother relationship should have existed before 18 years old, otherwise you may not enjoy the rights and interests in immigration law.

(three) the conditions for the migration of family members.

In order to prevent the families of immigrants from being separated, the immigration law gives special treatment to the family members of the same trade who are approved to immigrate. An immigrant who has obtained any of the above preferential status, his spouse and unmarried children under 2l can obtain the same priority immigration status if they travel with him or reunite with him in the United States later.

Extended reading: an important tip for American citizens to apply for parental immigration

(a) U.S. citizens whose parents apply need to submit two applications.

(2) If the parents of American citizens adjust their status in the United States, the application for i- 130/i-485 should be filed 60 days after the parents enter the country, otherwise, the application for i-485 will be rejected due to immigration tendency.

(3) The immigration law does not require the parents of American citizens to be valid when applying for i-485, as long as they are legally recognized. Therefore, even if the parents who apply for i-485 overstay in the United States, when their i-485 application is accepted by the Immigration Bureau, their status has been legalized, that is, they live legally, waiting for i-485 processing. During this period, they can apply for work permits, etc. However, the immigration law stipulates that if the applicant has lost his identity for more than six months when submitting the i-485, the immigration bureau will generally not approve the return paper to the United States. In some cases, the Immigration Bureau will still approve the documents for returning to the United States, but even if the applicant has a "return document" to leave the country, he may not be allowed to re-enter the United States. Because the immigration law stipulates that people who have lost their identity for more than six months are not allowed to enter the country for three years.

(4) The kinship between American citizens and their parents is extremely important in the examination of immigration applications. If the American citizen's father is not his biological father, but he married the American citizen's mother before his birth, and his father's name is written on the birth paper, then the father still meets the requirements of American immigration law.