Family-Based Immigration Flowchart

Family-Based Immigration Flowchart

*Family-based Immigrant Classes

  • Amerasians: any person who is 18 or older, born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and fathered by a U.S. citizen. Depending on their marital status, they fall into ist or 3rd preference category.
  • Widows/Widowers: formerly married to U.S. citizens for at least 2 years, currently unmarried, and filing petition within 2 years of their spouses' death. They belong to Immediate Relatives of U.S. Citizens category.
  • Battered or Abused Spouses/Children of U.S. Citizens or Lawful Permanent Residents: spouses or children of U.S. citizens or Lawful Permanent Residents who have been battered by or have been subject of extreme cruelty perpetrated by their U.S. citizen/Lawful Permanent Resident spouses and/or parents. Their preference category is determined by the status of their abuser - if he/she is a U.S. citizen, then they fall into immediate relatives category; if LPR, then 2nd preference.
  • Special Immigrant Juveniles: unmarried juveniles under 21 who have been placed under the custody of an agency or department of a state. These immigrants do not belong with family-based preference categories and are allocated visas remaining from employment-based immigrants in 4th preference category (employment-based).
    These Special Immigrants Classes may self-petition, whereas their other family-based counterparts depend on a relative petition by their qualifying relative.
  • Orphans and Intercountry Adoptees (under 16) - special rules and procedures apply. These immigrants belong to Immediate Relatives of U.S. Citizens category.

**U.S. Citizen Petitioners and Special Immigrant Self-Petitioners residing abroad

These petitioners are eligible to file the following types of petitions directly with U.S. Consulate having jurisdiction over their place of residence: Petitions for Immediate Relatives, Family Preference Categories, Amerasians, Widows/Widowers, and Orphans. U.S. Consulates abroad do not have jurisdiction to accept or adjudicate the following types of petitions: Petitions for Battered or Abused Spouses/Children, Special Immigrant Juveniles, and Intercountry Adoptees.These petitions must be filed in the U.S. with an appropriate USCIS Office or USCIS Service Center.

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