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- USA
- Family Immigration
Family Immigration
Family-Based Immigration
Family-Based Immigration
This refers to obtaining U.S. permanent residency through sponsorship by a U.S. citizen or lawful permanent resident of immediate family members (spouse, children, parents) and siblings. The type of family-based immigration is determined by the petitioner’s status (citizen or lawful permanent resident) and the family relationship with the petitioner, which also affects the required documents. The processing time generally ranges from as short as 6 months to as long as 12 years, depending on the type of immigration.
Family-based immigration is largely classified into two types: those not subject to annual quota limits and those subject to such limits.
Category
Preference
Eligibility
Unlimited
Immediate Relatives
Family-sponsored immigration for immediate relatives of U.S. citizens
- IR1: Spouse of a U.S. citizen
- IR2: Unmarried child under 21 of a U.S. citizen
- IR3: Orphan adopted abroad by a U.S. citizen
- IR4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR5: Parent of a U.S. citizen
* No annual quota on the number of visas
Limited
1st Preference (F1)
Unmarried sons and daughters (21 or older) of U.S. citizens (Annual quota: 23,400)
2nd Preference (F2)
A
Permanent residents’ spouses and unmarried children under 21 (Quota 77%)
Annual quota: 114,200
B
Unmarried children over 21 of permanent residents (Quota 23%)
3rd Preference (F3)
Married sons and daughters of U.S. citizens (Annual quota: 23,400)
4th Preference (F4)
Brothers and sisters of U.S. citizens (Annual quota: 65,000)
Eligibility requirements
Category
Eligibility Requirements
Immediate Relatives of U.S. Citizens
Parents, spouses, and unmarried children under 21 are eligible. There is no annual visa quota limit for this category, so the process for obtaining a green card is very fast.
Spouse
To prove the status of spouse, a legally valid marriage must be demonstrated. The marriage must be registered under Korean law and recorded on the family registry (hojeok). It must also be proven that the marriage is genuine and ongoing to rule out sham marriages. If these requirements are met, a conditional green card valid for two years will be issued.
Children
Children must be unmarried and under 21 years old. Stepchildren qualify as immediate relatives if the parent married before the child turned 18. Only U.S. citizens can adopt orphans. Whether the child was born during the marriage is irrelevant, but biological parentage must be proven.
Parents
U.S. citizens aged 21 or older can petition for their parents. Proof of biological father or mother relationship is required.
Siblings
Refers to brothers or sisters aged 21 or older who share at least one biological parent with the U.S. citizen petitioner. In this case, the petitioned sibling’s spouse and unmarried children under 21 may also immigrate as derivative family members.
Widow(er)
If married to the U.S. citizen for at least two years prior to the citizen’s death and has not remarried, the surviving spouse can file an immigrant petition alone within two years after the citizen’s death. Proof of the U.S. citizen spouse’s death and citizenship status is required.
Family-Based Immigration
This refers to obtaining U.S. permanent residency through sponsorship by a U.S. citizen or lawful permanent resident of immediate family members (spouse, children, parents) and siblings. The type of family-based immigration is determined by the petitioner’s status (citizen or lawful permanent resident) and the family relationship with the petitioner, which also affects the required documents. The processing time generally ranges from as short as 6 months to as long as 12 years, depending on the type of immigration.
Family-based immigration is largely classified into two types: those not subject to annual quota limits and those subject to such limits.
| Category | Preference | Eligibility | ||
|---|---|---|---|---|
| Unlimited | Immediate Relatives | Family-sponsored immigration for immediate relatives of U.S. citizens - IR1: Spouse of a U.S. citizen - IR2: Unmarried child under 21 of a U.S. citizen - IR3: Orphan adopted abroad by a U.S. citizen - IR4: Orphan to be adopted in the U.S. by a U.S. citizen - IR5: Parent of a U.S. citizen * No annual quota on the number of visas |
||
| Limited | 1st Preference (F1) | Unmarried sons and daughters (21 or older) of U.S. citizens (Annual quota: 23,400) | ||
| 2nd Preference (F2) | A | Permanent residents’ spouses and unmarried children under 21 (Quota 77%) | Annual quota: 114,200 | |
| B | Unmarried children over 21 of permanent residents (Quota 23%) | |||
| 3rd Preference (F3) | Married sons and daughters of U.S. citizens (Annual quota: 23,400) | |||
| 4th Preference (F4) | Brothers and sisters of U.S. citizens (Annual quota: 65,000) | |||
Eligibility requirements
| Category | Eligibility Requirements |
|---|---|
| Immediate Relatives of U.S. Citizens | Parents, spouses, and unmarried children under 21 are eligible. There is no annual visa quota limit for this category, so the process for obtaining a green card is very fast. |
| Spouse | To prove the status of spouse, a legally valid marriage must be demonstrated. The marriage must be registered under Korean law and recorded on the family registry (hojeok). It must also be proven that the marriage is genuine and ongoing to rule out sham marriages. If these requirements are met, a conditional green card valid for two years will be issued. |
| Children | Children must be unmarried and under 21 years old. Stepchildren qualify as immediate relatives if the parent married before the child turned 18. Only U.S. citizens can adopt orphans. Whether the child was born during the marriage is irrelevant, but biological parentage must be proven. |
| Parents | U.S. citizens aged 21 or older can petition for their parents. Proof of biological father or mother relationship is required. |
| Siblings | Refers to brothers or sisters aged 21 or older who share at least one biological parent with the U.S. citizen petitioner. In this case, the petitioned sibling’s spouse and unmarried children under 21 may also immigrate as derivative family members. |
| Widow(er) | If married to the U.S. citizen for at least two years prior to the citizen’s death and has not remarried, the surviving spouse can file an immigrant petition alone within two years after the citizen’s death. Proof of the U.S. citizen spouse’s death and citizenship status is required. |
