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Family-based immigration
 

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on a relationship to a U.S. citizen.

Family based immigrants are defined as: brothers, sisters, and adult or married sons and daughters of U.S. citizens, or the spouse of a U.S. permanent resident.  There are numerical limitations to these categories of immigrants, meaning there will be a waiting period after your petition is approved and before you can apply for U.S. immigration.

Numerical Limitations

Whenever there are more qualified applicants for a category than there are available places, the category is considered oversubscribed. Immigrant visas are issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

  • Family First Preference (F1) - Unmarried sons and daughters of U.S. citizens and their minor children, if any.
  • Family Second Preference (F2) - Spouses, minor unmarried children and unmarried sons and daughters (age 21 or older) of lawful permanent residents. 
  • Family Third Preference (F3) - Married sons and daughters of U.S. citizens and their spouses and minor children. 
  • Family Fourth Preference (F4) - Brothers and sisters of United States citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age.

Step One : File the Immigrant petition

The U.S. citizen or permanent resident relative of intending immigrants, who plans to base their immigrant visa application on family relationship, must submit a Petition for Alien Relative (Form I-130 (PDF 52 KB), instructions (PDF 63 KB)) at the Department of Homeland Security (DHS) office nearest their place of residence. Once INS approves the petition, they will send the petitioner a notice of approval (Form I-797). INS will also forward the approved petition to the National Visa Center which will contact the intending immigrant with further information.

Important Notice: U.S. law limits the number of family-based immigrant visas that are available every year. This means that even if the DHS approves an immigrant visa petition for you, you may not get an immigrant visa petition immediately. In some cases, several years could pass between the time your immigrant visa petition is approved and the time your immigrant visa is issued. Immigrant visas are issued in the chronological order in which the petition was filed until the numerical limit for the category is reached. The filing date of the petition becomes the applicant’s priority date. Immigrant visas cannot be issued until the applicant’s priority is reached. Check the Visa Bulletin for the latest priority dates or call (202) 663-1541 . DHS will send the approved immigrant visa petition to the National Visa Section where it will remain until the priority date is available. You do NOT need to contact the National Visa Center – the National Visa Center will contact you with the “Instruction package for immigrant visa applicants”.

Step Two: Gather required documents and prepare for the Immigrant Visa Interview

Once you have received the “Instruction Package for Immigrant Visa Applicants”, the intending immigrant (your immediate relative) must follow the instructions regarding the visa fees and documentation.

When the National Visa Center has received your immigrant visa fee they will schedule the final interview at Embassy Amman and send you the immigrant visa application (Form DS-230, part I) along with further instructions.

Step Three: The Immigrant Visa Interview

Your relative will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the U.S. government. You pay this fee, in Jordanian dinar, to the clinic directly.

Complete list of required documents.

The petitioner is not required to attend the interview.

Visa interviews are a discussion between the consular officer and the applicant.  The U.S. citizen petitioner may accompany the beneficiary to the interview, but may be asked to remain outside the room for part of the interview. Due to space constraints, third parties (including lawyers) are generally not allowed to be present at the interview, though exceptions may be granted for those who do not speak Arabic or English and need a translator, or those who need physical assistance.

All visa applicants age 14 and over will be fingerprinted at the time of the interview. 

Each applicant, regardless of age, must appear in person for his/her interview.  At that time, all the documents will be evaluated and a decision made.  There can be no guarantee regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa has been approved. 

You should plan to be at the embassy from 7:30 am until 1:00pm.  You will be asked to leave your mobile phone at the embassy gate check.

Applicants may be found ineligible in accordance with immigrant visa law. For example, if you have a communicable disease, have committed criminal acts, or you are likely to become dependent upon public assistance you will be found ineligible. The two years foreign residency requirement for former exchange (J) visitors is also applicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver. 

Applicants must pay the DS-230 fee and the IV security surcharge.  These fees are in addition to the fee paid to file the I-130 to start the process. 

Step Four: After the Visa is Approved and Issued 

Once you have received your immigrant visa, you must enter the United States within the visa validity to obtain an alien registration receipt or “green” card (Form I-151 or I-551) that will allow you to live and work in the United States. 

At the port of entry DHS officials will take the immigrant visa and assign you an “alien number.”

They will stamp your passport with this number and make a notation that you are registered for an alien registration card. 

It normally takes between 2 weeks and 3 months for DHS to process and send the alien registration card to you. 

In the interim, the passport stamp permits employment and travel until the card arrives.  You may depart and return to the U.S. before you receive the alien registration card, as long as the DHS stamp in your passport has not expired. 

Should you wish to leave the U.S. and your stamp has expired and you have not yet received your alien card, you should contact DHS in the U.S. before departure to ensure permission to return to the U.S. 

If, in the future, you plan to live outside the U.S. for more than 12 months, you must apply for a re-entry permit in the U.S. before departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status. 

Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent resident status.

Social Security Cards: When completing the DS-260, you can ask the Social Security Administration to assign you a Social Security Number (SSN).  Your SSN will arrive several months after you enter the U.S. and become a Legal Permanent Resident.  Alternatively, you may file for SSN yourself once you arrive in the U.S.  For further information, please consult the Social Security website.

Important Notice for a Beneficiary whose Petitioner is their U.S. Citizen spouse: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of Section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States.

You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference.

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