Family Based Green Cards
|
Overview
A lawful permanent resident is a foreign national
who has been granted the privilege of permanently
living and working in the United States. If you want
to become a lawful permanent resident based on the
fact that you have a relative who is a citizen of
the United States or a relative who is a lawful
permanent resident, you must go through a multi-step
process.
-
First, the USCIS must approve an immigrant visa
petition for you. This petition is filed by your
relative (sponsor) and must be accompanied by
proof of your relationship to the requesting
relative.
-
Second, the Department of State must determine
if an immigrant visa number is immediately
available to you, the foreign national, even if
you are already in the United States. When an
immigrant visa number becomes immediately
available to you, it means that you can apply to
have one of the immigrant visa numbers assigned
to you. You can check the status of a visa
number in the Department of State's
Visa Bulletin.
-
Third, if you are already in the United States,
you may apply to change your status to that of a
lawful permanent resident after a visa number
becomes available for you. This is one way you
can apply to secure an immigrant visa number. If
you are outside the United States when an
immigrant visa number becomes available for you,
you must then go to the U.S. consulate servicing the area in which you
reside to complete your processing. This is the
other way in which you can apply to secure an
immigrant visa number.
Eligibility
To be eligible to sponsor a relative to immigrate to
the United States you must meet the following
criteria:
-
You must be a citizen or a lawful permanent
resident of the United States and be able to
provide documentation proving your status.
-
You must prove that you can support your
relative at 125% above the mandated poverty
line. Click here to find out more information
about meeting this criteria and filing the
Affidavit of Support.
-
If you are a US Citizen you may petition for the
following foreign national relatives to
immigrate to the United States; however you must
be able to provide proof of the relationships:
-
Husband or wife;
-
Unmarried child under 21 years old;
-
Unmarried son or daughter over 21;
-
Married son or daughter of any age;
-
Brother or sister,
if you
are at least 21 years old;
or
-
Parent,
if you
are at least 21 years old.
To be eligible for lawful permanent residence based
on a family relationship you must meet the following
criteria:
-
You must have a relative who is a United States
citizen or a lawful permanent resident of the
United States who can provide documentation
proving their status and is willing to sponsor
you for lawful permanent residency.
-
Your relative must prove they can support you by
providing documentation that their income is
125% above the mandated poverty line for their
family, including you and all other sponsored
family members. Click here to find out more
information about meeting this criteria and
filing the Affidavit of Support.
-
If your relative is a US Citizen and they can
legally prove you share one of the following
relationships, you may be eligible for lawful
permanent residency, please see below for
preference category information.
-
Husband or wife;
-
child under 21 years old;
-
Unmarried son or daughter over 21;
-
Married son or daughter of any age;
-
Brother or sister
if you
are at least 21 years old;
or
-
Parents
if you
are at least 21 years old.
-
If your relative is a lawful permanent resident
and they can legally prove you share one of the
following relationships, you may be eligible for
lawful permanent residence, please see below for
preference category information:
Preference Categories
The relative you wish to immigrate must obtain an
immigrant visa number that is based on the
preference category in which they fall.
People who want to become immigrants are classified
into categories based on a preference system. The
immediate relatives of U.S. citizens, which includes
parents, spouses and unmarried children under the
age of 21, do not have to wait for an immigrant visa
number to become available once the visa petition
filed for them is approved by the USCIS. An
immigrant visa number will be immediately available
for immediate relatives of U.S. citizens. Click here
for
information on obtaining an immigrant visa number
if you are an immediate relative of a U.S. citizen.
The relatives in the remaining categories must wait
for an immigrant visa number to become available
according to the following preferences:
-
First Preference: Unmarried, adult sons and
daughters of U.S. citizens. Adult means 21 years
of age or older.
-
Second Preference: Spouses of lawful permanent
residents, their unmarried children (under
twenty-one), and the unmarried sons and
daughters of lawful permanent residents.
-
Third Preference: Married sons and daughters of
U.S. citizens.
-
Fourth Preference:
Brothers and sisters of adult
U.S. citizens.
Once USCIS receives your visa petition, it will be
approved or denied. USCIS will notify the person who
filed the visa petition if the visa petition is
approved. USCIS will then send the approved visa
petition to the Department of State's National Visa
Center, where it will remain until an immigrant visa
number is available. The Center will notify you, the
foreign national, when the visa petition is received
and again when an immigrant visa number is
available. You do not need to contact the National
Visa Center, unless you change your address or there
is a change in your personal situation, or that of
your alien relative, that may affect eligibility for
an immigrant visa, such as reaching age 21,
marriage, divorce, or death of a spouse.
Visa Information
The Department of State is responsible for providing
visa numbers to foreign nationals interested in
immigrating to the United States. To find out more
about the Department of State's visa process visit
the
Department of State or click here for specific
information on
how to get an immigrant visa number.
|
|
|
|
|
