Immigration Pathways to the United States

Are you looking for information about immigration pathways to the United States? Did you know that you can apply to have your family members (spouse, unmarried children under 21, and PARENTS) join you in the United States?  

If you are already in the United States, depending on your legal status, there are several ways you can apply to have your relatives join you in the United States. The following lists some of the most prevalent paths for family reunification. 

SIVs, Refugees and approved asylum-seekers in the United States

If you resettled in the United States as a refugee within the past 2 years or your asylum application was accepted and you were granted asylee status within the past 2 years, or you are an SIV recipient, you can apply for certain family members to obtain derivative refugee or asylee status.

You can apply for the Following Family Members:

  • Spouse (Husband/Wife)
  • Child (unmarried and under 21 when you first applied for asylum or refugee status)
  • If you resettled in the United States as a refugee, your child is eligible if they were 21 or younger at the time of your interview for refugee resettlement. They can still obtain derivative refugee status if they are 21 or older when you submit the petition, I-730. Your child must remain unmarried to be eligible though.
  • If you are an asylee, your child is eligible to obtain derivative status if they were 21 or younger at the time you filed the Form I-589. They can still obtain derivative refugee status if they are 21 or older when you submit the petition, I-730. Your child must remain unmarried to be eligible.

Priority 3/P-3

There is also another very important, and often little known, program for family members of individuals with refugee or approved asylum status. People who (1) resettled as refugees, and (2) people who were granted asylum status in the United States, and (3) SIV recipients can apply for their spouse, unmarried children (under 21) ,and parents through the Priority 3 (P-3), Family Reunification Program.

P-3 allows certain designated nationalities, which includes Afghanistan and Iran, among others, who entered as refugees or were granted asylum (even if they subsequently gained LPR status or became naturalized U.S. citizens) to not only apply for family reunifications for their spouse, and unmarried children under the age of 21, but most importantly, for their Parents.

However, unlike filing the Form I-730 Refugee/Asylee Relative Petition, your relatives, in this case parents, must also be refugees, which means that they must be outside their country of origin and have gained refugee status. To apply, you must visit your local refugee resettlement office and fill out an Affidavit of Relationship for each member of your family.

U.S. citizens

A U.S. citizen can petition for certain family members to reunite with them in the United States.

U.S. citizen can petition for green card for the following relatives:

  • Spouse (Husband/Wife)
  • Parents, if you are 21 years old or over
  • Children (unmarried and under 21)
  • Sons and daughters (married and/or 21 or over)
  • Sisters/brothers, if you are 21 or over — will have long waits for many years before they can move to the United States.

A U.S. citizen can also petition for certain visas. These are: fiancé(e) visa or a K-3/K-4 visa. 

Legal permanent residents/green card holders in the United States

If you are a legal permanent resident (LPR) or green card holder, you can apply for some relatives to move to the United States:

  • Spouse (Husband/Wife)
  • Children (unmarried and under 21)
  • Unmarried sons and daughters (any age)

Leave a Reply

Your email address will not be published.