What are the requirements for Chinese citizens to travel to the United States, and what is the application process?

As we all know, there are two ways to immigrate to the United States, one is labor immigration, and the other is immigration through relatives. Compared with labor immigration, relative immigration is much simpler in document preparation and application procedures. It can be said to be a simpler way. Of course, the premise is that you are lucky enough and have qualified relatives to apply for you. So, who can immigrate through family and who cannot? Are there any differences in the application procedures between relatives living overseas and those in the United States? U.S. immigration laws stipulate that relative immigrants are divided into two categories: close relatives and preferred relatives. The former is not subject to annual quota restrictions in immigration law, while the latter is subject to quota restrictions. Priority relatives are divided into four priority categories according to their relationships. 1. Close relatives who are not subject to quota restrictions. The close relatives mentioned here only refer to close relatives of U.S. citizens, excluding close relatives of green card holders (permanent residents). Specifically, this includes the spouse and unmarried children of U.S. citizens under the age of 21, as well as the parents of U.S. citizens who are over the age of 21. The "spouse" mentioned here refers to the legal opposite-sex husband or wife. U.S. immigration law does not yet recognize gay “spouses.” The "unmarried children under the age of 21" mentioned here are not limited to the biological children of U.S. citizens, but also include the unmarried children under the age of 18 born to the spouse of a U.S. citizen and his ex-wife or husband, as well as the 16-year-old legally adopted by a U.S. citizen. Unmarried children under the age of 18. The so-called "unmarried" includes various situations where the spouse has never been married, or the spouse has died, divorced, or the marriage is invalid due to other legal reasons. Close relatives of U.S. citizens who fall into this category can apply to immigrate to the United States at any time without waiting for a waiting list. 2. Priority relatives subject to quota restrictions include the following four categories: (1) First preference: married children of U.S. citizens over 21 years old; (2) Second preference Category A: spouses of U.S. permanent residents, or dissatisfied Unmarried children aged 21 years or older; Second preference Category B: Unmarried children of U.S. permanent residents who are 21 years of age or older; (3) Third preference: Married children of U.S. citizens; (4) Fourth preference: U.S. citizens brothers and sisters. The "brothers and sisters" mentioned here include full brothers and sisters from the same father and mother, step-siblings from the same father/mother, and adopted brothers and sisters. The U.S. Department of State publishes a visa bulletin (Visa Bulletin) every month, announcing the priority dates for immigration applications in various priority categories. Priority relative immigrants subject to quota restrictions must wait until the priority date is reached before they can adjust their immigration status or go to the consulate for an interview. Generally speaking, the lower the priority category, the longer you need to wait in line. For example, first priority applicants generally have to wait 4 to 5 years, while fourth priority applicants have to wait up to 12 years! In addition, applications submitted by U.S. citizens generally need to obtain a green card before applications submitted by permanent residents (green card holders). As can be seen from the categories listed above, there are several categories of relatives who cannot apply for immigration through relatives: the first is the parents of permanent residents; the second is the married children of permanent residents; the third is the brothers and sisters of permanent residents. Fourth, U.S. citizens and permanent residents; fifth, grandchildren of U.S. citizens and permanent residents; sixth, uncles, aunts and uncles of U.S. citizens and permanent residents, etc. In addition, U.S. citizens who are adopted by others cannot apply for immigration for their biological parents and biological siblings. Also, if your relatives have entered the United States illegally or have overstayed their visa, you should consult a professional immigration attorney when filing an immigration application for them. The relative immigration application procedures vary depending on the location of the relative: first, the relative is overseas, and second, the relative is in the United States. In either case, a U.S. citizen or permanent resident needs to submit an immigration application first. Once the application is approved, the relative can apply for an entry immigrant visa to the U.S. embassy or consulate overseas, or apply to adjust status in the country to obtain permanent resident status. One is that relatives are overseas. If the relative is overseas, USCIS will transfer the case to the Department of State's National Visa Center after approving an immigration petition filed by a U.S. citizen or permanent resident. After the National Visa Center completes the processing, if the relative is not subject to the immigration quota, or if the relative is subject to the quota but has been scheduled, the case will be transferred to the U.S. embassy or consulate in the country or region where the relative is located. The embassy or consulate arranges a visa interview. After passing the interview, the relative can enter the United States as a permanent resident of the United States. The second is that the relative is in the United States. If the relative has entered the United States on another visa and is within the validity period of the status, an application to change status should be submitted to the USCIS in the country. If the relative is not subject to the quota, his or her application to change status may be submitted together with the immigration petition filed for the relative by a U.S. citizen or permanent resident. In practice, the Immigration Bureau often handles such applications by approving the immigration application and the application for changing status at the same time, instead of approving the immigration application first and then approving the application for changing status. If the relative is subject to quota restrictions, the application for status change can only be submitted after the waiting date has been reached. It should be noted that once the waiting list is reached, you can submit an application to change status regardless of whether your immigration application has been approved or is still pending.

The above introduction is made by Attorney Xie to promote and introduce legal information to the Chinese community.