Family Members of US Citizens or Permanent Residents

If the prospective faculty member or researcher is a member of the family of a U. S. citizen or permanent resident, sometimes he or she can qualify for an immigrant visa on the basis of that family relationship and can obtain permanent resident status without active involvement of the University. If a prospective faculty member is the spouse or unmarried minor child (unlikely!) of a U. S. citizen or is the parent of a U. S. citizen who is at least 21 years old, the applicant qualifies as the immediate relative of a U. S. citizen and can apply for an immigrant visa without any delay or waiting period. The U. S. citizen family member must file a petition with the US Citizenship and Immigration Services, and the foreign applicant can usually be issued an immigrant visa within three or four months, depending upon the speed with which the papers are processed.

If the applicant is the son or daughter over 21 years old of a U.S. citizen, the brother or sister of a U.S. citizen, or the spouse or unmarried son or daughter of a permanent resident of the United States who is over 21 years old, he or she can qualify for a preference classification by virtue of that family relationship. However, these family based classifications frequently require a waiting period longer than that for employment based immigrant applicantions, so it is usually not advantageous for a prospective faculty member to pursue such a preference classification if he or she is eligible for employment-based classification.

Departments should consult International Student and Scholar Services for current information on the availability of immigrant visas in these classifications if there is any chance that the visa might be obtained earlier or more expeditiously through these channels.