What are the general requirements for “following-to-join”?
Certain requirements must be met in order for a spouse or child to qualify under following-to-join. First, the legal permanent resident must have adjusted status or obtained Green Card through a preference category (family or employment based) or diversity lottery. Some examples include but are not limited to NIW, EB-1, EB-2, etc. In addition, an immigrant visa number must also be current in order for a family member to receive following-to-join. Second, the Green Card holder married or had children before becoming a permanent resident, and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of the permanent resident must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the permanent resident obtained permanent residency.
