Structuring your Family
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GROUP YOUR FAMILY ACCORDING TO THE LEGAL GUIDELINES
Who Must Apply Together as a Family?
- Spouse – Legally married partners.
- Unmarried children under 21 – Biological, legally adopted – or legally dependent step-children (who may need additional documents like birth/marriage certificates).
- Sometimes other dependents – In some cases, dependent elderly parents or disabled adult children may be included, but this depends on the program and country.
Who Must Apply Separately?
- Married children – Even if young, married children are not considered dependents.
- Adult children (21+) – Unless they have a severe disability or special dependency.
- Siblings – Brothers and sisters of the main applicant must file separately.
- Parents – Unless there is a dependency exception (elderly, disabled, etc.).
- Extended Family – Cousins, aunts, uncles, grandparents, etc., must apply separately.
Family Reunification Process for Refugees in the U.S.
In some refugee cases, family reunification may be possible after resettlement, allowing parents, siblings, or older children to join later through family sponsorship programs.
Once a refugee has been resettled in the U.S., they may be able to bring family members through family reunification programs. Here’s how it typically works:
U.S. Refugee Relative Petition – Immediate Family
A refugee can petition for:
- Spouse (married before arriving in the U.S.)
- Unmarried children under 21
Key Points
- Must apply within 2 years of arriving in the U.S.
- No need for financial sponsorship.
- The family member does not have to go through the full refugee process again.
Priority 3 (P-3) Family Reunification Program
U.S. resettled refugees can file for certain relatives, namely:
- Parents
- Unmarried children of any age
- Spouses
Key Points
- Only available to refugees from certain designated countries.
- Requires proof of family relationship and refugee status.
- Family members must still pass security and medical screenings.
Later Family-Based Immigration
Once a refugee
- Applies for a Green Card after 1 year in the U.S.
- Becomes a U.S. citizen after 5 years.
Can then sponsor more family members
- Green Card holders can sponsor a spouse and unmarried children.
- U.S. citizens can sponsor parents, married children, and siblings.
Key Points
- This process takes years due to visa backlogs.
- Requires financial sponsorship (Affidavit of Support).
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