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Family Immigration Processes

USCIS recognizes several family-based immigration categories. U.S. citizens may petition for certain immediate relatives and family preference relatives, while lawful permanent residents may petition for certain qualifying family members.

Family Relationships

• Spouses of U.S. citizens
• Certain unmarried children of U.S. citizens
• Parents of qualifying U.S. citizens
• Certain relatives under family preference categories
• Certain spouses and children of lawful permanent residents

Visa availability can differ depending on the family category. Some immediate relatives of U.S. citizens have visas immediately available, while preference categories may be subject to visa availability and priority dates.

All Kinds of Waivers

Certain immigration applicants may need a waiver because they are considered inadmissible under one or more provisions of U.S. immigration law. The available waiver depends on the particular ground of inadmissibility and the applicant's circumstances.

Waiver Matters

USCIS provides different waiver processes for certain grounds of inadmissibility. Depending on the circumstances, waiver matters may involve unlawful presence, certain health-related grounds, fraud or misrepresentation, criminal grounds, or other specified provisions of immigration law.

Form I-601A, for example, may allow certain eligible immigrant visa applicants to request a provisional waiver of certain unlawful presence grounds before departing the United States for consular processing.

Investor Visas

The EB-5 Immigrant Investor Program provides a pathway to lawful permanent residence for qualifying investors and eligible family members when the program requirements are satisfied.

EB-5 Program

USCIS states that qualifying EB-5 investors must make the required investment in a qualifying commercial enterprise in the United States and plan to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

Eligible spouses and unmarried children under 21 may also qualify for immigration benefits through the principal investor's EB-5 case, subject to applicable requirements.

Humanitarian Visas

U.S. immigration law provides several humanitarian protections for individuals who may qualify based on circumstances such as victimization, trafficking, abuse, or other qualifying humanitarian situations.

Humanitarian immigration matters can involve detailed eligibility requirements, supporting evidence, certifications, and specific USCIS forms and procedures.

Related Humanitarian Matters

• U Nonimmigrant Status
• T Nonimmigrant Status
• VAWA self-petitions
• Other qualifying humanitarian immigration benefits

U Visas

U nonimmigrant status may provide temporary immigration protection to qualifying victims of certain crimes who have suffered substantial physical or mental abuse and who meet the requirements established by U.S. immigration law.

General Requirements

• The individual must generally be a victim of qualifying criminal activity.
• The qualifying activity must meet applicable U.S. legal requirements.
• The applicant must have relevant information about the criminal activity.
• The applicant generally must have been, be, or be likely to be helpful to an appropriate certifying agency.
• Other admissibility and eligibility requirements may apply.

Certain qualifying family members may also be eligible for derivative U nonimmigrant status.

T Visas

T nonimmigrant status is designed to provide immigration protection to certain victims of severe forms of human trafficking who meet specific statutory and regulatory requirements.

General Eligibility Considerations

• The applicant must generally be a victim of a severe form of human trafficking.
• The applicant generally must be physically present in the United States or at a port of entry because of the trafficking.
• Certain cooperation requirements with law enforcement may apply.
• The applicant must satisfy applicable hardship and admissibility requirements, or qualify for an applicable waiver.

USCIS evaluates T visa applications based on the evidence submitted and the applicable eligibility requirements.

VAWA Cases

The Violence Against Women Act, commonly known as VAWA, provides certain immigration protections for qualifying victims of abuse. In qualifying circumstances, certain individuals may be able to self-petition for immigration benefits without relying on the abusive family member to file the petition.

Potential VAWA Self-Petitioners

• Certain abused spouses of U.S. citizens or lawful permanent residents.
• Certain abused children of U.S. citizens or lawful permanent residents.
• Certain abused parents of U.S. citizen sons or daughters.

VAWA cases involve detailed eligibility, relationship, residence, abuse, and good-moral- character requirements. Each case must be evaluated according to its individual facts and applicable USCIS rules.