Family Based Immigration
Check the requirements for the petitioner who wants to apply for:
- Petitioner must be U.S.Citizen
- Petitioner must be 21 years old
- The parent cannot bring his minor children.
- Petitioner could U.S. Citizen or Permanent Resident
- Permanent resident can only petition for unmarried child
An immigrant may also be eligible to get a family based green card if he or she:
- Is a battered child or spouse of a U.S. citizen
- Entered the United States with a K-1 visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
- Obtained V non-immigrant status
- Is born to a foreign diplomat in the United States.
When Children Can Immigrate as Derivative Beneficiaries
A child can be a derivative beneficiary when two requirements are met:
First, the son or daughter has to qualify as a child under U.S. immigration law. This means the child is unmarried, under age 21, and either a biological, adopted, or step-child.
Second, the petition should not be for "immediate relative" but relatives who immigrate in the first, second, third, or fourth visa preference categories . The “immediate relative” category includes parents, spouse, and unmarried children under 21 years of age of a U.S. citizen.
So when U.S. citizen petitions for his mother the mother cannot bring her other children (brothers and sisters of the petitioner). But if the mother who is permanent resident petitions for her child, that child can bring her children with her.
Immediate Relative Immigrant Visas are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:
- IR-1: Spouse of a U.S. Citizen
- IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
- IR-3: Orphan adopted abroad by a U.S. Citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
How to apply for a relative who is in the U.S.
Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.
If your relative is in the U.S. and is eligible to adjust his or her status you can file the full package of documents at the same time.
- You must submit Form I-130, Petition for Alien Relative
- You must file Form I-864, Affidavit of Support
- If the Petitioner does not meet the poverty guidelines, Co-sponsor has his Form I-864, Affidavit of Support
- Your relative has to file Form I-485, Application to Register Permanent Residence or Adjust Status
- You relative may file Form I-765, Application for work authorization
- You relative may file Form I-131, Application for Travel Document
Other family members
Other family members are subject to limited visa numbers available to them depending on their relationships. There are four preference categories for limited family-based immigration:
- First Preference: (F1) Unmarried son and daughters of US citizens.
- Second Preference:
(F2A)—Spouses and Children (under the age 21) of Permanent Residents:
(F2B)—Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- Third Preference: (F3) Married Sons and Daughters of U.S. Citizens:
- Fourth Preference: (F4) Brothers and Sisters of Adult U.S. Citizens
How to apply for relative who is outside of the U.S.
Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident)
To bring a family member using consular processing is this is three-step process:
Third, the immigrant needs to compete immigrant visa process at the appropriate consulate.
Frequently Asked Questions
Q: If I file on behalf of my relative (I-130 pending) will he/she be able to come to the U.S. on a valid visitor’s visa (B-1/B-2) or under the Visa Waiver program when he/she can prove that they are planning to return to their home country?
A: Having a pending I-130 is certainly evidence of possible immigrant intent; however, it is possible to prove that the person has no intention to immigrate ON THAT VISIT. The traveler should NOT lie about the I-130 if asked at the border or about why they are coming to the U.S. In cases such as this, they should bring evidence that they will return to their country of residence such as lease/mortgage papers, latest checking account statement, latest pay stub, utility bills, round trip tickets and other solid proof that they intend to return.
Bring you family to the U.S. We will help you to start the green card application process for your parents, children, spouse, brothers and sisters. Family sponsorship is one of the most popular ways to obtain green card.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...