EB-5 vs. FAMILY VISAS
U.S. citizens can petition for green cards for their families in a two-step process.
These steps includes:
- Filing a petition to classify a family member as a qualifying relative; and
- Filing for adjustment of status with U.S. Citizenship and Immigration Services, or for an immigrant visa from a consulate, either in the relative’s country of citizenship or country of current legal residence.
It is important to note that all relatives outside of the United States are subject to waiting periods. As a general rule, the more distant the relative, the longer the waiting period will be.
Relative categories are as follows:
- Immediate relatives such as spouses, minor biological children, minor stepchildren, and parents of U.S. citizens.*
- First preference for adult unmarried children of U.S. citizens.
- Second preference includes relatives of U.S. green card holders.
- Sub-category 2A, such as the spouse and children of green card holders.**
- Sub-category 2B, including unmarried adult children of green card holders.
- Third preference for adult married children of U.S. citizens.
- Fourth preference for siblings of U.S. citizens.
*Immediate relatives of U.S. citizens are not subject to an annual quota or any waiting period as a result of a backlog under a quota, as are the other family-based categories. Immediate relatives of U.S. citizens can apply for and obtain the green card from inside the U.S. even though they overstayed their status, as long as they entered the U.S. legally. The spouse of children of U.S. citizens who entered the U.S. illegally may have the possibility to obtain the Green Card either through qualifying for legalization under the status INA 245(i) or based on obtaining a waiver of inadmissibility and completing the immigration process through a U.S. consulate or embassy abroad. For further details.
**The spouse and children of U.S. permanent residents who entered the U.S. illegally may have the possibility to obtain the Green Card either through qualifying for legalization under the status INA 245(i) or based on obtaining a waiver of inadmissibility and completing the immigration process through a U.S. consulate or embassy abroad.
Our experienced staff can educate you more about family immigration and by working with experienced immigration attorney’s. Get started by contacting our Immigration Team at EB5 Visa Center online to set up a consultation.