When you filed Form I-130, you should have received a Receipt Notice from the USCIS, acknowledging that your petition was received and accepted for processing. To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder). It’s important to understand the following terms, as they are commonly referred to in the application form and on the U.S. Official websites use .gov 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. 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). (PDF, 688.27 KB) guide. Secure .gov websites use HTTPS 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. Immediate Family Members and Prohibited Stock Sales . 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. Show 11 more Show 11 less . Spouses, parents and minor children (under the age of 21 years) of a U.S. citizen are classified as Immediate Relatives. The fee for Form I-130 is $420. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you … 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. Family Preference categories. After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing. Once received, the NVC will assign a case number for the petition. Family Based Immigration. If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you: If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. Once you provide the USCIS with all the required information, in most cases you will be sent a notice to attend an interview at the local USCIS office having jurisdiction over your case. For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. To qualify as an immediate relative, your family member must be a spouse, unmarried child (under 21 years of age), or parent. As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid). The elements of the application that must be submitted to the USCIS are the same for each type of family member. Immediate Relatives Other Family Members Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) How Do I Help My Fiancé(e) Become a Permanent Resident? 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. 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. Provide care or support when someone in the immediate family or household is suffering illness, injury or emergency. The second step is the application to become a permanent resident, filed … It can contain others connected by birth, adoption, marriage, civil partnership, or … 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. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. The location of the Lock Box facility depends on your permanent address in the U.S. Visas are always available for immediate relatives of U.S. citizens. Unmarried son or daughter of any age. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. This means your family member does not need to wait in line for a visa. Mail your petition. The vast majority of family members from high-demand countries, such as China, India, Mexico and the Philippines, must wait years or even decades for a green card. You are an immediate relative if you are: If you are a widow or widower of a U.S. citizen, please see Green Card for Widow(er)s for information about how to apply for a Green Card. If anything is missing, USCIS may return the entire package to the petitioner or simply send a letter asking for the missing information. Immigrating through family is a two-step process. Related Links. "Immediate Family Member" refers to an employee's parent, spouse, child, or sibling. Free download for Form I-600. A .gov website belongs to an official government organization in the United States. 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)). This is discussed below. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers. An immediate family member is defined as a. spouse or common-law partner; dependent child (yours, your spouse’s or your common-law partner’s) dependent child of a dependent child; parent or step-parent (yours, your spouse’s or your common-law partner’s) guardian or tutor; What to do to unite with your immediate family member . The petitioning relative must complete this form. 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 … 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 … The processing time to obtain a green card for Immediate Relatives is … 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. Congress has limited the number of family members who may immigrate under these categories each year, so there is generally a waiting period before an immigrant visa becomes available. In US immigration, a child is an individual who is less than 21 and unmarried. Immediate Relative (IR) immigrant visas are based on a close family relationship with a U.S. citizen. 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. Labor certification and qualifications for certain immigrants (INA 212(a)(5)). The petitioner must have a domicile (residence) in the United States before an immigrant visa can be issued to the qualifying family member. Consular Processing/ Green Card While Outside the United States. Please see USCIS’ Filing Fees and Fee Schedule for more information. It normally includes a person's parents, siblings, spouses, children, or an individual related by blood whose close association is an equivalent of a family relationship. To prevent stock manipulation, FINRA prohibits the sale of new-issue stock to the immediate family of the brokers who sell the stock. In order to help a family member immigrate, you must be a: U.S. citizen; Green Card holder (permanent resident) Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years; If you or a member of your family is in the U.S. military, see the Military section of our website. (INA 203(d) does not apply to the classes described in INA 201(b)). An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. The processing time to obtain a green card for Immediate Relatives is very quick. This process is referred to as “consular processing.”, Your family member’s preference category will determine how long they will have to wait for an immigrant visa number. If you and your immigration attorney feel that you deserve a refund, contact the USCIS. 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. 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. Two groups of family-based immigrant visa categories are provided under provisions of United States immigration law: Immediate Relative (IR) and Family Preference. Non—Diminution of Benefits. Family preference beneficiaries may assume that an I-130 approval means a visa is available. Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. If the USCIS approves of the petition, it will be forwarded to the National Visa Center (NVC) which will … USCIS plans to require most refugee/asylee petitioners of immediate family members to appear for an interview at a USCIS office in connection with Form I-730. Visas are always available for immediate relatives of U.S. citizens. If the principal applicant is over 21 years old, he or she can include the following family members in the application: The various steps involved in obtaining USCIS approval of an I-130 petition for a family member to get a U.S. green card. 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. Once you have filed a petition, you can check its progress the. The visas allotted for these categories are subject to annual numerical limits. I-485, Application to Register Permanent Residence or Adjust Status, Green Card for a Family Member of a U.S. Citizen, Green Card for Immediate Relative of a U.S. Citizen, A fiancé(e) residing outside the United States and children of fiancé(e) under 21, Children of spouse (unmarried and under 21), Children (unmarried and under 21) of U.S. citizens, Parents of U.S. citizens (The petitioning citizen must be 21 or older.). Citizenship and Immigration Services’ (USCIS) website.Petitioner: The U.S. citizen that files the I-130 on behalf of their relativeBeneficiary: The relative who wants to immigrateAdjudicator: The USCIS officer who reviews the I-130 Overview - Family-Based Immigrant Visas. A US citizen's spouse, unmarried children under the age of 21, and parents are referred to as "Immediate Relatives." It consists of four subgroups, the F1, F2, F3, and F4. There are some limited exceptions to this eligibility requirement. U.S. … (1) The INA does not generally accord derivative status for family members of immediate relatives as it does for preference applicants. Each petition must be accompanied by the full fee amount. 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. Immediate relatives of US citizens are given special preferential treatment. Secure .gov websites use HTTPS First and foremost, they are allowed to immigrate ... type of family member. 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. 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. PIP was established as a means to honor military-service members who have sacrificed for and served our country. In the latter situation, the spouse and her children might be better served by having the sponsoring green card holder file individual petitions for each family member, especially if the sponsoring green card holder will naturalize and become a U.S. citizen and therefore an immediate relative (see the next section). It depends on both the law in question and on the responsibilities people have toward the other people in their lives. How Do I Help My Relative Become a Permanent Resident? As a U.S. For more information on Green Cards, see the Green Card section. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If you or a member of your family is in the U.S. military, special conditions may apply. Immigration Family-based green card Adjustment of immigration status US visas Immigrant visas Sponsoring an immigrant Family visa Visa priority application dates Immigrant status Family law Form I-130 (alien relative) Domestic relationships Marriage Common-law marriage. 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). One of the simplest ways toget a Green Card is an immediate family member of a US citizen; the process comparatively straightforward and short. 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." Securing a green card through family members who are immediate family is generally the simpler option. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. Deal with the death of an immediate family or household member (e.g. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives . 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. These are the spouses and children of under the age of 21 of a US Citizen, and the parents of US citizens who are over the age of 21. 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. Siblings of U.S. Citizens, and their spouses and minor children provided the U.S. Citizen is at minimum 21 years of age. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Family of Green Card Holders (Permanent Residents), How Do I Help My Relative Become a Permanent Resident? For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How Do I Help My Relative Become a Permanent Resident? The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. Family members of a U.S. citizen or lawful permanent resident are now allowed to cross the U.S. border as long as they show no signs or symptoms of COVID-19. NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). Green Card for Immediate Relatives of U.S. Citizen 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. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. Updated By Ilona Bray , J.D. Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable); Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see, If you currently hold A, G, or E nonimmigrant status, include. Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. 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. You were inspected and admitted or inspected and paroled into the United States; You are physically present in the United States at the time you file your Form I-485; You are eligible to receive an immigrant visa; An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application; Note: A visa is always available for immediate relatives. Immigration law allows immediate relatives to "skip" the wait for an immigrant visa number; in other words, immediate relatives can apply for permanent residence right away and can even apply simultaneously with the sponsoring … The process for submitting and receiving approvals is the same as for sponsoring immediate family members: Pay your fees. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Additionally, you may be asked to write an affidavit if you are a close family member of the couple, or a religious leader who knows the couple well. Application Procedures. Family-based immigrant petitions are filed using Form I-130. I came to the U.S. with … 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. This form establishes the family relationship that exists between you and your relative. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. The petition gets approved; The family member applies to the US consulate or the US embassy within their native country; Unless the petition is approved by the US authorities, the family member cannot apply for the family based green card. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. SEC. The two main categories of family-based petitions are: Immediate relatives of US citizens. (Guide for U.S. Citizens), Form I-485, Application to Register Permanent Residence or Adjust Status. 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. Form I-130, Petition for Alien Relative. Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? 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. Evidence of the familial relationship must accompany each petition. Once USCIS approves the I-130 petition and the priority date is current, the foreign family member may apply for a green card. If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). 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 immediate family is a defined group of relations, used in rules or laws to determine which members of a person's family are affected by those rules. A U.S. citizen must file separate immediate relative petitions for the spouse, each child, and each parent. You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). X Research source Although affidavits aren't required by U.S. Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration through this path. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. Bereavement Leave. What is the I-601 Waiver process. 5. 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. Please also see our page on Form Filing Tips. Immediate Relative Petition. U.S. Official websites use .gov (There will be a wait of many months, however, while USCIS and then the State Department actually process the applications.) To qualify for a Green Card, you must be admissible to the United States. To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. The petitioning relative must complete this form. Spouses can be either heterosexual or homosexual. For a family member in the Immediate Relative Category who lives outside the United States, after USCIS approves the I-130 application, your I-130 file will be sent to the National Visa Center (NVC) for processing. 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. The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members. However, the priority date must also be current. Immediate Family Outside the United States. The fee for filing Form I-485 will depend on the age of the applicant. A .gov website belongs to an official government organization in the United States. The A-2 visa application process is the same for your immediate family members as it is for you. 4. (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.). For more information on priority dates, see the Visa Availability and Priority Dates page. If the family member is physically outside the United States, this is the only available option. This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. Spouse; Unmarried children under 21; and. They are the immediate relatives of U.S. citizens and the family preference category. A Form I-130 (that is ultimately approved) filed together with your Form I-485. Immediate relatives can get green cards without worrying about visa-availability waiting periods or numerical limits. See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 278.7 KB) for more information. The distinction is important as the USCIS uses age when classifying family-based petitions. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. USCIS has committed to making the adjustment of status process See the Military section of the website. Filing of I-130 Immigrant Visa Petition. Share sensitive information only on official, secure websites. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. Also, during the COVID-19 pandemic, USCIS will accept reproduced original signatures. In 2013, U.S. Family immigration is the primary basis for legal immigration to the United States. Family Preference categories. When filing Form I-130, you'll send birth records (i.e. The two main categories of family-based petitions are: Immediate relatives of US citizens. Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. Form I-129F, Petition for Alien Fiancé(e). 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. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. 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. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). Once the person reaches 21, he or she is a son or daughter. Spouses must also provide proof that the … You are an immediate relative if you are: The spouse of a U.S. citizen; Which relatives qualify for derivative U status will depend on your age and, in some instances, your family member’s age and marital status. 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. 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. Share sensitive information only on official, secure websites. The petitioning relative must complete this form. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. 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