Family reunification is common for many immigrants in the United States. For green card holders whose families may not have been included on their green card application, their family members may still be able to obtain green cards through either the Accompanying or Follow-to-Join process. This article will cover the rules for accompanying and following to join for qualifying family members of green card holders.
Understanding “Accompanying” Family Members
The term “accompanying” or “accompanied by” means not only an applicant in the physical company of a principal applicant but also an applicant who is issued an Immigrant Visa (IV) within six months of either the date of issuance of a visa to the principal applicant; the date of adjustment of status in the United States of the principal; or the date the principal applicant appears and registers before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child.
Understanding Follow to Join
Follow to Join is a process that allows green card holders (permanent residents) in the United States to reunite with their immediate family members who were not included in their original immigrant visa petition. Immediate family members typically include spouses and unmarried children under 21. The term “following to join” permits an applicant to obtain an NIV or IV and the priority date of the principal applicant if the applicant following to join has the required relationship with the principal applicant. There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States.
A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time that may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a passport to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant.
Eligibility Criteria
To be eligible for the Follow to Join process, you must meet the following criteria:
- Green Card Holder Status: You must hold a valid and unexpired green card issued by the U.S. Citizenship and Immigration Services (USCIS).
- Marital Status: If you are a green card holder seeking to reunite with your spouse, the marriage must have occurred before you obtained your green card.
- Child’s Age: If you are a green card holder seeking to reunite with your unmarried child, the child must have been under 21 when you obtained your green card.
- U.S. Entry: Your immediate family members must have entered the United States with valid immigrant visas or have been granted humanitarian parole or asylum status
Bringing your immediate family members to the United States through the Follow-to-Join process can be a rewarding experience. By diligently following the eligibility criteria and procedural steps, you can successfully reunite with your loved ones and create a brighter future in the United States.
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