Carmen DiAmore-SIAH [Family based Immigrations]

Family Based Immigration

1. Family Petitions: It may take take 6-12 months for parents to enter if you are a citizen and that category is "Current" but if you file for your brother it could take 10-12 years! If your parents (GC holders) file for an unmarried child, it could be 4/5 years. For the procedural details, it is advisable to consult your attorney.

2. Family based Preference Time Periods: GC Parent filing for adult unmarried child is 4/5 years but it is expected to increase! Can apply for H-1 under recent laws.

3. Family petition & H-1 w/Dual Intent: Under recent laws (The Immigration Act of 1990 as regularly amended), there are family based and employment based with the 1st, 2nd etc. preference categories. One could work on an H-1 status. The H-1 is one of the best options available since the "doctrine of dual intent " applies to H-1 visas (i.e. you can have both nonimmigrant & immigrant intention under the H-1 & L visa status), as long as you maintain your status, you do not need to leave the country.

4. Green Card Holder for Parent: Under the present law, a green card holder cannot file for parents until the person becomes a citizen.

Marriage to US Citizen

1. Marriage Petition: The process takes 3-6 months to get a conditional resident card approximately 2 1/2 years for the permanent resident card. The INS regularly refuses if they suspect fraudulent marriage based on the "Stokes" interview which is required under the IMFA (Immigration Marriage Fraud Act of 1988). It is a good idea to work with a lawyer.

Family Based Quota Categories

1. Unmarried children of U.S. citizens, over 21

2. A) Spouses, B) Unmarried sons and daughters of permanent residents, over 21

3. Married children of U.S. citizens

4. Brothers & sisters of U.S. Citizens

Non-Quota Categories

1. Spouses, minor children and parents of U.S. citizens; exempt from numerical limitations.