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Family Immigration

Family Immigration

Family Immigration

Green Card through Family:

  1. Immediate Relative of US citizen:
    • Spouse
    • Single Child under 21 years of age
    • Parent of an over 21 years of age US citizen

Since there are indefinite numbers of visas for this category, there will be no waiting time for the visa number to be available for them.

 

  • Obtaining Green Card while being inside the US:
    • Single step procedure: with which an immediate relative relationship allows you to apply on Form I-485 to get registered as Permanent Resident or to adjust your status at the same time the sponsor (permanent resident) submits Form I-130.
    • Two-step procedure: Step one requires the sponsor to submit Form I-130. For step two once you receive Form I-797, which shows that Form I-130 is received, then Form I- 485 maybe submitted along the receipt of approval of Form I-130.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • Once the immediate relative child of the US citizen or the sponsor is 21 years of age, he/she will come under the first preference (F1) category son or daughter of a US citizen and would now require an immigrant visa.
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • After the marriage of an immediate relative child under 21 years old, he/she becomes a third preference (F3) and visa would not be available immediately. Any change in marital status is to be informed after submission of Form I-130.

 

  1. Family member of a US citizen:

 

The US citizen can submit Form I-130 for their spouse, children and the parents and siblings if the US citizen is 21 years of age or above. If you do not qualify for this category then you may come under the family preference category, which includes:

  • Unmarried sons or daughters of above 21 years of age
  • Married children (no age bound)
  • Siblings (for US citizen over 21 years of age)

There is a waiting period for this category because of the restricted number of relatives allowed to immigrate. The steps for this category are as following:

 

  • Obtaining Green Card while being inside the US:
    • Step one requires your sponsor to submit approved Form I-130 for you. After which you would need to wait for your priority date, which is the date when Form I-130 was properly filed by your sponsor.
    • The second step requires you to submit Form I-485 for adjustment of status once your priority date in your visa category is current. The status adjustment would get you to become a Permanent Resident.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • If the unmarried child of a US citizen gets married before attaining the status of a permanent resident, than he/she gets converted to the status of married son or daughter of US citizen, which can delay the availability of immigrant visa significantly. Any change in marital status should be notified while the submission of Form I-130.

 

  1. Family Member of a Permanent Resident:
    • Spouse
    • Unmarried children (no age bound)

The steps include the following:

  • Obtaining Green Card while being inside the US:
    • Step one requires your sponsor to submit approved Form I-130 for you. After which you would need to wait for your priority date which is the date when Form I-130 was properly filed by your sponsor.
    • The second step requires you to submit Form I-485 for adjustment of status once your priority date in your visa category is current. The status adjustment would get you to become a Permanent Resident.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • Once an unmarried child of permanent resident is 21 years of age, the procedure of becoming a permanent resident or getting an immigrant visa will get delayed. You would come under the category of unmarried son or daughter of a lawful permanent resident (F2B).
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • If the unmarried child of a Permanent Resident gets married before attaining the status of a Permanent Resident, than he/she does not qualify for the Permanent Residence ship through the Permanent Resident family member. Any change in marital status should be notified while the submission of Form I-130.
    • If your sponsor Permanent Resident becomes a US citizen, you would now be getting a Green Card instead and the change in your preference category would speed up the process.

 

  1. Special Categories of Family:

 

Becoming a Permanent Resident of getting a Green Card through special family situation is limited to the ones fulfill specific qualifications or/and apply during certain time periods.

 

More information about these categories comes under their specific headings:

  • Battered Spouse or Child (VAWA)
  • K Nonimmigrant (includes fiancé(e))
  • Foreign Diplomat children born in the US
  • V Nonimmigrant
  • Widow(er) of a US citizen

 

 

Marriage Based Petition

Required Documentation

To complete the process, the petitioner must submit:

  1. Petition for Alien Relative (USCIS Form I-130)
  1. Form I-130 (signed with proper fee), with all required documentation, including:
    1. Two completed and signed G-325A forms (one for you and one for your spouse)
    2. A copy of your civil marriage certificate
    3. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
    4. Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
    5. Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
  1. If you are a U.S. citizen, you must demonstrate your status with:
    1. A copy of your valid U.S. passport OR
    2. A copy of your U.S. birth certificate OR
    3. A copy of Consular Report of Birth Abroad OR
    4. A copy of your naturalization certificate OR
    5. A copy of your certificate of citizenship
  1. If you are a permanent resident, you must demonstrate your status with:
    1. A copy (front and back) of Form I-551 (green card) OR
    2. A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
  1. Application to Register Permanent Residence (USCIS Form I-485)
  2. Birth Certificate (translated)
  3. Copy of Passport page with nonimmigrant visa
  4. Color photographs as per new guidelines
  5. Fingerprints ( USCIS will notify when and where to provide finger Print)
  6. Biographic Information (USCIS Form G-325A)
  7. Form G-325A Beneficiary
  8. Form G-325A for Petitioner
  9. (6) color photo – Beneficiary
  10. (2) color photo – Petitioner
  11. Affidavit of Support (USCIS Form I-864)
  12. Permission for Work Authorization (Optional) (USCIS Form I-765)
  13. Medical Examination Results (USCIS Form I-693)
  14. Request for Travel Documents (Optional) (USCIS Form I-131)
  15. The appropriate supporting documents
  16. The USCIS filing fees ($1,010 to $1,500).