U.S. Family Immigration
This refers to U.S. citizens or permanent residents sponsoring immediate family members (spouse, children, parents) and siblings for U.S. permanent residency. Family-based immigration is categorized by the sponsor's status (citizen or permanent resident) and their relationship to the applicant, with required documents varying accordingly. Processing times typically range from as little as 6 months to as long as 12 years, depending on the category.
About Family Immigration
Family immigration refers to obtaining U.S. permanent residence through a petition filed by a U.S. citizen or lawful permanent resident for an immediate family member (spouse, child, or parent) or sibling. The immigrant category is determined by the petitioner's status and family relationship, and the required documents vary accordingly. Processing time can range from about 6 months to 12 years depending on the category.
Family immigration is broadly divided into two types: categories that can obtain permanent residence without an annual quota limit and categories that are subject to quota limits within a fiscal year.
| Category | Preference | Eligibility | ||
|---|---|---|---|---|
| No Quota Limit | Immediate Relatives | Immigration for immediate relatives of U.S. citizens (spouse, parents, and unmarried children under 21) - 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 by a U.S. citizen - IR5: Parent of a U.S. citizen * No annual visa quota limit | ||
| Quota Limited | 1st Preference (F1) | Unmarried sons and daughters over 21 of U.S. citizens (23,400 per year) | ||
| 2nd Preference (F2) | A | Spouses and unmarried children under 21 of permanent residents (77% of allocation) | 114,200 per year | |
| B | Unmarried sons and daughters over 21 of permanent residents (23% of allocation) | |||
| 3rd Preference (F3) | Married sons and daughters of U.S. citizens (23,400 per year) | |||
| 4th Preference (F4) | Brothers and sisters of U.S. citizens (65,000 per year) | |||
Restrictions
| Category | Eligibility |
|---|---|
| Immediate Relatives of U.S. Citizens | Parents, spouses, and unmarried children under 21 are eligible. Because these cases are not subject to annual visa number limits, the permanent residence process is very fast. |
| Spouse | To prove the spousal relationship, the applicant must first show that a lawful marriage took place. The marriage must be registered under Korean law and recorded in the family registry, and the couple must prove that the marriage is genuine and ongoing, not a sham marriage. If these requirements are met, the applicant receives conditional permanent residence for 2 years. |
| Child | A child must be unmarried and under 21. A stepchild qualifies as an immediate relative if the parents married before the child turned 18. For orphan cases, only U.S. citizens may adopt. Whether the child was born in or out of wedlock is not relevant, but the biological parent relationship must be proven. |
| Parent | A U.S. citizen who is at least 21 years old may petition for a parent and must prove the biological father or mother relationship. |
| Sibling | This refers to brothers or sisters over 21 who share the same parent as the U.S. citizen. They fall within the sibling category if they share either the same father or mother. The beneficiary's spouse and unmarried children under 21 may also immigrate as accompanying family members. |
| Widow(er) | If the widow(er) was married to the U.S. citizen for at least 2 years before the citizen's death and has not remarried, they may file an immigrant petition independently within 2 years of the citizen's death. The death of the U.S. citizen spouse and the spouse's U.S. citizenship must be proven. |