If you are a lawful permanent resident or U.S. citizen, you can petition for your family members to come to the U.S. and live here permanently.  There are two major types of family reunion:

1.    Immediate Relatives, and
2.    Family-based categories

Who is deemed to be an in immediate relative?  Children, spouses and parents are deemed to be immediate relatives in some particular situations.  For example, an unmarried child under 21 of the U.S. citizen parent will be deemed to be an immediate relative for family-based immigrant visa.  However, an unmarried child under 21 of the lawful permanent resident is not.  He will fall under category F-2a.  The difference between immediate relative family reunion and family reunion under the categories means availability of the visa numbers.  For the immediate relatives visa numbers are always available.  In the category family reunion, visa number availability is determined by U.S. Department of State and could be checked in the monthly issued Visa Bulletin here.

Priority date of any case is determined by the date when immigrant visa petition was originally filed with USCIS.  Family-based lawful permanent resident status could be obtained in the U.S. as well as overseas at the U.S. Consulate having jurisdiction over your relative’s place of residence.  Please note that a filed family-based petition does not provide an alien with lawful status or employment authorization while in the U.S.  In cases of family reunion with immediate relatives their unlawful presence and employment without employment authorization is waived.

Mayzel Law Group successfully handles family reunion cases on an everyday basis and will be able to assist you to reunite with your family members.