Family-based Immigration

Mar 30, 2020 | Immigration

Family-based Immigration

This is one of the immigration categories whereby family members can petition for immediate relatives to receive their green card, irrespective of where the relatives are residents.

What relatives make up this family-based category?

  • Spouses
  • Children
  • Parents and
  • Siblings
  • Fiance(e)

This article will focus on the Category of Children.

  1. Do children of a US citizen Fiancé(e) form part of this category?

Yes. The USCIS recognizes and respects different family dynamics and makes provision such that families can stay united.

  1. Can I file a petition for my adopted children?


Yes. There are three routes to filing a petition for adopted children:

  1. The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.
  2. The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.
  3. Immediate Relative Petition


  1. When can I begin the immigration filing process for my adopted children?

Before or after the adoption. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

  1. I am a lawful permanent resident of the US but not a citizen yet. Can I file a petition for an adopted child?

Yes, the USCIS makes provision for both US citizens and lawful permanent residents to have access to this process for the unity of families.

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