Immigrant Visas and Permanent Residence in the U.S.

Generally, there are three types of immigrant visa categories that can lead to permanent residence and resettlement in the U.S.: Family Sponsored Employer Sponsored (not discussed in detail here), and Humanitarian (discussed above in the asylum and refugee sections of this document). Each application is considered individually and varies in processing time. Note that, due to the tremendous backlog pre-existing before the war, applicants may wait months or even years for approval.

There are two groups of family based immigrant visa categories: Immediate Relatives and Family Preference. Immediate Relative Immigrant Visas are based on a close family relationship with a United States citizen (not a Lawful Permanent Resident). The number of immigrants in these categories is not limited each fiscal year. An “Immediate Relative” for immigration purposes is one of the following: Spouses of U.S. citizens (including same sex spouses) Unmarried children (under 21 years of age) of U.S. citizens Orphan adopted abroad by a U.S. Citizen Orphan to be adopted in the U.S. by a U.S. citizen Parent of a U.S. citizen (U.S. citizen child must be at least 21 years of age) Although a fiance(e) does not fall into any of the above categories, a U.S. citizen can file for a fiancé(e) through a different visa process. A Lawful Permanent Residents cannot file for a fiancé(e). Family Preference Immigrant Visas are available for certain, more distant, family relationships with a U.S. citizen, as well as some specified relationships with a Lawful Permanent Resident.  The quantity of such visas is limited for each fiscal year. “Family Preference” relatives for immigration purposes include the following: Unmarried son or daughter (age 21 and over) of a U.S. citizen, and their minor children Married son or daughter (age 21 and over) of a U.S. citizen, including their spouses and minor children… Read more

No, it is not necessary. There are other pathways for permanent residence, including employer sponsored and humanitarian (discussed above). We note that employer sponsored immigration is fairly specific and can be a lengthy process.