CIS Family-Based Immigration Flashcards

Which family-based immigration category is NOT subject to annual numerical limits?

Answer: Immediate relatives of U.S. citizens

Immediate relatives of U.S. citizens—spouses, unmarried children under 21, and parents—are exempt from annual visa caps, allowing unlimited visas in this category.

A U.S. citizen petitioning for a married son or daughter who is 25 years old would file under which preference category?

Answer: F3 - Third Preference

F3 (Third Preference) covers married sons and daughters of U.S. citizens of any age, with annual visa limits and often long waiting periods.

What form is filed by a U.S. citizen or lawful permanent resident to sponsor a family member for an immigrant visa?

Answer: Form I-130

Form I-130 (Petition for Alien Relative) establishes the qualifying family relationship and is the initial step in the family-based immigrant petition process.

Under the Child Status Protection Act (CSPA), how is the 'age' of a child determined for family-based preference categories?

Answer: Child's age on date visa becomes available minus time I-130 was pending

CSPA calculates a child's protected age by subtracting the number of days the I-130 petition was pending from the child's age when the visa number becomes available.

Which family-based preference category covers unmarried sons and daughters (age 21 or older) of lawful permanent residents?

Answer: F2B

F2B covers unmarried sons and daughters of LPRs who are 21 years of age or older and is subject to annual visa limits with significant backlogs for certain countries.

What is the minimum financial requirement for a U.S. citizen sponsoring an immigrant relative through Form I-864?

Answer: 125% of the federal poverty guideline for the household size

Petitioners filing an Affidavit of Support (I-864) must demonstrate income at or above 125% of the federal poverty guidelines for their household size.