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Spouses, Parents & Children Continued:
Procedurally, the immediate-relative category
has advantages over the preference categories. There are no numerical
limitations on the number of immediate relatives who
might emigrate from any country. Further, if they entered the United States legally, "immediate relatives"
are exempt from certain "bars," such as unauthorized
employment, overstaying their time of admission, or violating their specific
nonimmigrant status.
On the other hand, spouses and children of
immediate-relative immigrants — unlike those of
preference aliens — do not obtain "derivative" status. In
other words, if a person immigrates as an immediate-relative parent of
a U.S. citizen, that person's spouse or minor
children would not also automatically qualify
for immigration, visas, whereas a spouse or minor child of a
preference alien would automatically qualify.
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