The “priority date” of a family-based immigrant petition is the date that the petition was received by USCIS. Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130); Copy of your government-issued identity document with photograph; Copy of your passport page with nonimmigrant visa (if applicable); Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable); Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable). Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA). I came to the U.S. with … The A-2 visa application process is the same for your immediate family members as it is for you. Spouses can be either heterosexual or homosexual. The two main categories of family-based petitions are: Immediate relatives of US citizens. Overview Two groups of family-based immigrant visa categories, immediate relatives and family preference, are provided under the provisions of U.S. immigration law, specifically the Immigration and Nationality Act (INA). In determining whether an immediate family member qualifies as a derivative, you should consider that immediate family members are not authorized to work in the United States, including in the home of the foreign … (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.). One of the simplest ways toget a Green Card is an immediate family member of a US citizen; the process comparatively straightforward and short. You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States: Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94; Note: Certain forms, including Form I-485, have a filing fee. This means your family member … Preference categories are grouped as follows: For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. Immediate Relative (IR) immigrant visas are based on a close family relationship with a U.S. citizen. The process for submitting and receiving approvals is the same as for sponsoring immediate family members: Pay your fees. The family preference visa applicant may be able to apply in one of two ways: Consular processing is the process of obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate. The Immigration and Nationality Act defines who are immediate family members and if you are classified as an immediate family member, then you have a resident visa available to you immediately. This USCIS form is used to classify a foreign national orphan who either is, or will be, adopted by a U.S. Citizen as an immediate relative. It depends on both the law in question and on the responsibilities people have toward the other people in their lives. In US immigration, a child is an individual who is less than 21 and unmarried. The second step is the application to become a permanent resident, filed … If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you … You are eligible to receive an immigrant visa if you are the beneficiary of: Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. Updated By Ilona Bray , J.D. Immediate Relatives can immigrate to the U.S. without any quota restriction unlike other family members of U.S. citizens and U.S. lawful permanent residents. If the family member is physically outside the United States, this is the only available option. It can contain others connected by birth, adoption, marriage, civil partnership, or … Guidelines for eligible beneficiaries on Form I-130 applications include immediate relatives for both U.S. citizens and lawful permanent residents (LPRs)– green card holders, but only citizens can petition for extended family. For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 539.23 KB). This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. Under current immigration law, U.S. citizens and lawful permanent residents (LPRs) can sponsor certain family members for a visa that provides permanent residence, also known as a “green card.” Since the time of our first colonies in the 17th century, immigration has … Filing of I-130 Immigrant Visa Petition. Immediate relatives of US citizens are given special preferential treatment. Immediate relatives are foreign nationals who are the spouse, unmarried child under the age of 21, or parent (if the petitioner is 21 years of age or older) of a U.S. citizen petitioner. If you were a lawful permanent resident when you filed a petition but are now a U.S. citizen, you must upgrade the petition from F2 Family Second Preference to Immediate Relative (IR) petition. Immediate Family Outside the United States. An Immediate Relative petition is filed with the USCIS by the U.S. citizen on behalf of each qualifying family member on Form I-130. This form establishes the family relationship that exists between you and your relative. Form I-130 of the United States Citizenship and Immigration Services (USCIS) is used to prove your relationship with an eligible relative who wishes to enter the United States permanently.. Officially called “Petition for Alien Relative,” Form I-130 is the first step in a family member’s immigration process. Evidence of the familial relationship must accompany each petition. The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. Even if two people are not connected by marriage but by a civil partnership or cohabitation, immediate family may apply. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. None of the applicable bars to adjustment apply to you; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and, A pending Form I-130 (that is ultimately approved); or. (There will be a wait of many months, however, while USCIS and then the State Department actually process the applications.) It is a legal resource that allows undocumented immediate family members of an American citizen or permanent resident to complete the process to obtain the Green Card.The process of forgiveness or waiver is done through the form I-601. Citizenship and abroad Immigration Services (“USCIS”) off ice or Immigration Court in the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. Which relatives qualify for derivative U status will depend on your age and, in some instances, your family member’s age and marital status. Two groups of family-based immigrant visa categories are provided under provisions of United States immigration law: Immediate Relative (IR) and Family Preference. Citizenship and Immigration Services (“USCIS”) issued a memorandum establishing a policy known as “Parole in Place” (“PIP”) for immediate family members of military-service members. The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Family Members If you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. U.S. The other relatives of US citizens -- unmarried children over the age of 21, married children of any age, and siblings (when the US citizen sponsor is above the age of 21) all fall under what is referred to as the "family preference category." For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. In 2017, of the approximately 4.7 million applicants in the family preference categories, more than 3.9 million were on the waiting list, and USCIS was processing the rest. If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements: Inspected and Admitted or Inspected and Paroled. Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)). Please see USCIS’ Filing Fees and Fee Schedule for more information. Share sensitive information only on official, secure websites. "Immediate Family Member" refers to an employee's parent, spouse, child, or sibling. In 2013, U.S. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. To qualify for a Green Card, you must be admissible to the United States. Stay home for 14 days from the time you arrived in the US from international travel. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. 5. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. Before sponsoring a family member or beginning the paperwork it’s important to have a thorough understanding of who applies for this type of immigration. If the principal applicant is over 21 years old, he or she can include the following family members in the application: The relationship to the family member who filed. For family preference immigrant visa cases, when an applicant’s priority date meets the most recent qualifying date, the NVC will instruct the applicant to complete Form DS-261. The processing time to obtain a green card for Immediate Relatives is … Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. This is discussed below. Immigrating through family is a two-step process. A Form I-130 (that is ultimately approved) filed together with your Form I-485. It consists of four subgroups, the F1, F2, F3, and F4. If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all immediate family members of a U.S. citizen involved in an immigrant visa case. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). Show 11 more Show 11 less . For more information on Green Cards, see the Green Card section. A U.S. citizen must file separate immediate relative petitions for the spouse, each child, and each parent. Family preference beneficiaries may assume that an I-130 approval means a visa is available. Unmarried son or daughter of any age. The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. 4. It means the child is under 21 years old at the time of the adjustment of status, or the child’s age froze when the parent “filed” for him and now the child is … The US places no restrictions on the number of these family based green card applications. For more information on becoming a Green Card holder, see the Adjustment of Status for processing within the United States and Consular Processing page for processing overseas. Secure .gov websites use HTTPS The location of the Lock Box facility depends on your permanent address in the U.S. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. The petition develops a life threatening injury for preference applicants: Pay fees. 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