Family based Immigrants
If you are United States citizens and legal permanent residents, you can sponsor close family members, including parents, spouses, children and brothers and sisters who wish to immigrate to the United States based on the existence of a relation with you.
1. If you are a U.S. citizen, you can sponsor for:
A. Your spouse;
B. Your unmarried children under 21 years of age;
C. Your unmarried sons or daughters 21 years of age or older;
D. Your married sons or daughters of any age;
E. Your brothers or sisters (you must be 21 years of age or older); and
F. Your mother or father (you must be 21 years of age or older).
2. If you are a lawful permanent resident of the U.S., you can sponsor for:
A. Your spouse;
B. Your unmarried child under 21 years of age; and
C. Your unmarried son or daughter 21 years of age or older.
– The Process
- To petition for a family member to receive a Green Card (permanent residence), you begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative.
- After getting approval of Form I-130, file Form I-485, Application to Register Permanent Residence or Adjust Status. However, the I-130 can be filed together with the I-485 for immediate relatives of U.S. Citizens (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)).
- 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.
- If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). 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. 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. When your priority date (the date you filed the I-130 petition) becomes current, then you can apply for an immigrant visa or adjustment of status.
– Family member’s preference category
- Immediate relatives: Parents and minor children of US citizens; visas are available immediately so that they can file together with Form I-130 and I-485 together.
- Except for Immediate relatives, there is no visa available immediately for permanent residence, so there is a wait between filing the I-130 family petition and the application for permanent residence (form I-485 or immigrant visa processing).
Preference Relationship
F1 unmarried children over 21 of USC
F2A Spouses and minor children of LPR
F2B unmarried children over 21 of LPR
F3 married children of USC
F4 brothers or sisters of USC
USC = US citizen; LPR = legal permanent resident
For current wait times, see the Visa Bulletin page on the U.S. Department of State website(https://travel.state.gov/content/visas/en/law-and- policy/bulletin.html) and the USCIS Processing Time Information page on this website (https://egov.uscis.gov/cris/processTimesDisplayInit.do)
NOTE:
1. There is no visa category for married children of lawful permanent residents.
2. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, USCIS will deny or automatically revoke your petition.
3. You cannot file directly for your grandchildren, grandparents, aunts, uncles, cousins, etc. although spouses and minor children may be included as dependents on the petitions listed above.
4. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130.
– Spouse of US Citizens
If you are in the United States, married to a US citizen, and were inspected when you entered the U.S., you may qualify for a green card based on your marriage. Note: If you were not inspected when you entered the U.S., you must consult with the attorney.
If you are outside the United States and married to a US citizen, you must apply for a visa at the US consulate in your country. There is a K-3 visa which was designed to speed up the process, but which in practice does not save much time.
If you are outside the United States and plan to marry a US citizen, you can file for a K-1 visa as a fiancé. The K-1 visa usually saves a couple of months over the immigrant visa process, but it requires further paperwork once the fiancé has entered the United States.
If you have been married less than two years at the time you obtain your permanent residence, you will be granted conditional permanent residence which expires after 2 years. In the 3months before the card expires, you have to file an I-751 petition to remove the conditions.
NOTE: If your spouse fails to timely file Form I-751 to remove the conditional basis of his or her spouse’s permanent resident status, USCIS will terminate his or her permanent resident status and begin removal proceedings.
– Q & A
1. Does approval of this petition mean that my family member is automatically a lawful permanent resident or they can immediately immigrate to the United States?
No.
2. When will a visa become available?
When a petition is approved for the spouse, unmarried children under 21 years of age, or parents of a U.S. citizen, these persons are classified as immediate relatives, which means visas are immediately available to them.
When a petition is approved for a U.S. citizen’s sibling or married or adult son or daughter, or for a lawful permanent resident’s spouse, child, or unmarried son or daughter, it is assigned to the appropriate visa preference category. Each year, a limited number of immigrant visas are available for each preference category.
4. What documents do you need to show that you are a lawful permanent resident?
If you are a lawful permanent resident, you must file your petition with a copy of the front and back of your Permanent Resident Card (Form I-551). If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.
5. What documents do you need to prove family relationship?
You have to prove that there is a family relationship between you and the beneficiary. If you are filing for your spouse, you need to submit the following documentation;
(A) A copy of your marriage certificate;
(B) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; and
(C) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition.
In addition, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:
- Documentation showing joint ownership of property;
- A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
- Documentation showing that you and your spouse have combined your financial resources;
- Birth certificates of children born to you and your spouse together;
- Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or
- Any other relevant documentation to establish that there is an ongoing marital union.