Family-Based Immigration
Immigration Law · Lesson 02
Family-Based Immigration
這一課問的是：P 是否依直系親屬或優先類別資格獲家庭移民簽證？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Does P qualify for family-based immigrant visa as immediate relative or under preference category?
這一課問的是：P 是否依直系親屬或優先類別資格獲家庭移民簽證？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
immediate relatives
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Spouses, unmarried children under 21, and parents of US citizens — no numerical cap.
直系親屬：無配額。
preference categories
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F1-F4: numerically capped family preferences.
優先類別。
priority date
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Date petition filed; determines availability.
優先日。
affidavit of support
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Financial sponsor commitment (I-864).
贊助宣誓。
VAWA self-petition
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Abused spouse may self-petition without abuser's cooperation.
VAWA。
K-1 fiancé visa
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Nonimmigrant visa to enter and marry within 90 days.
K-1 未婚妻簽證。
adjustment of status
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Inside-US process to become LPR.
調整身份。
Issue · what this lesson is really about
Does P qualify for family-based immigrant visa as immediate relative or under preference category?
這一課問的是：P 是否依直系親屬或優先類別資格獲家庭移民簽證？
Trigger words & phrases that should flag this issue:
spouseparentchildsiblingpetition
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State immediate relatives | Spouses, unmarried children under 21, and parents of US citizens are immediate relatives — no annual numerical cap. | 直系親屬無配額。 |
| State preferences | Family preference categories (F1: unmarried sons/daughters of citizens; F2: spouses/children of LPRs; F3: married sons/daughters of citizens; F4: siblings of citizens) face annual caps and waiting periods. | 優先類別有配額。 |
| Apply priority date | Priority date determines visa availability under monthly Visa Bulletin. | 優先日決定可用性。 |
| Apply affidavit | Sponsor must execute I-864 affidavit of support showing income at least 125% of federal poverty. | 贊助人須證明收入達貧困線 125%。 |
Rule Sentence · the workhorse
Family-based immigration includes (1) immediate relatives of US citizens — spouses, unmarried children under 21, and parents — with no numerical cap; and (2) preference categories F1-F4 with annual caps and waiting periods determined by priority dates published in the State Department's monthly Visa Bulletin.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人US citizen/LPR sponsor美國公民/LPR 贊助人
Act 行為filing petition提起申請
Object 對象foreign national family member外國人親屬
Standard 法律標準immediate relatives or preference category直系或優先
Consequence 後果immigrant visa issued移民簽證簽發
Casebook Snapshot · a real American case
Kerry v. Din
Holding. A US citizen does not have a constitutional liberty interest entitling her to a more detailed explanation when her foreign-national spouse is denied a visa. Consular decisions generally not subject to judicial review (consular non-reviewability doctrine).
Why it matters. Kerry v. Din confirms consular non-reviewability — visa denials largely insulated from judicial review.
Kerry v. Din：領事決定大致不可審查。
Common Mistakes · what trips students
✗ any family relationship qualifies。
✓ Only specific categories: immediate relatives + 4 preferences.
僅特定類別。
✗ priority dates 無效。
✓ Priority dates control visa availability for capped categories.
優先日控制可用性。
Mini IRAC · build the Application
Issue. Can a US citizen petition for her parents from abroad to immigrate as immediate relatives?
Rule. Parents of US citizens are immediate relatives under INA § 201(b)(2)(A)(i), facing no numerical cap; the citizen child must be at least 21 years old.
Application (model). P (US citizen, 25) seeks to petition for her parents abroad. Because parents of US citizens 21+ are immediate relatives with no numerical cap, the fact that P is over 21 and seeking to petition for biological parents means the immediate relatives category applies with no waiting period.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P may petition for her parents as immediate relatives; visa available immediately upon approval.
MBE Check · multiple choice
A US lawful permanent resident wants to petition for his married daughter abroad. Which family-based category, if any, applies?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: