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If you are an American citizen, you may petition for your spouse, parent or child (under the age of 21) to come to the United States as an Immigrant. These relationships are classified as "immediate relatives" and are not subject to numerical restrictions.
As an American citizen, you may also petition for your fiancé. Fiances may come to the United States temporarily and then apply for adjustment of status (green card) after the marriage. The marriage must take place within 90 days of arrival to the United States.
In addition, you may also petition for your unmarried adult children, married adult children, or brother or sister, however these relationship categories are subject to quotas. Unmarried adult children fall under the first preference category. Married adult children fall under the third preference category. Brothers or sisters of American citizens fall under the fourth preference category.
Permanent residents may also file relative petitions for their minor children, unmarried adult children, and spouses. These relationships all fall under the second preference category.
In order to check the availability of visas in a particular category, you may check the visa bulletin on the State Department website. To go the website, click here.
Or, to hear a recorded message of the categories and priority dates (dates on which visas are available), you may call (202) 663-1541.
JFCS' attorneys are available to assist you in the preparation and filing of these petitions. Please feel free to call us at (415) 449-2900 to schedule an appointment.
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