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. Immediate Family Members and Prohibited Stock Sales . 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)). Stay home for 14 days from the time you arrived in the US from international travel. Consular Processing/ Green Card While Outside the United States. If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as an immediate relative. 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. Immigrating through family is a two-step process. If the family member is physically outside the United States, this is the only available option. 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). "Immediate Family Member" refers to an employee's parent, spouse, child, or sibling. 5. If anything is missing, USCIS may return the entire package to the petitioner or simply send a letter asking for the missing information. The USCIS did not process a petition filed with premium processing within 15 calendar days. The petitioning relative must complete this form. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing. This means your family member … Spouse; Unmarried children under 21; and. How Do I Help My Relative Become a Permanent Resident? 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). 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). For more information on priority dates, see the Visa Availability and Priority Dates page. Bereavement Leave. Family-Based Green Card to Citizenship Filing Fees U.S. Preference categories apply to family members who are not immediate relatives. I came to the U.S. with … 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. 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 … 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. Share sensitive information only on official, secure websites. 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. 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 purpose of the family preference petition is to foster family unity for U.S. citizens. See the Military section of the website. After USCIS approves the petition, it is sent to the National Visa Center (NVC). 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. immediate relatives and other close family members. This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. U.S. Securing a green card through family members who are immediate family is generally the simpler option. A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate , 1. or two, through adjustment of status at a U.S. 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 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 second step is the application to become a permanent resident, filed … Show 11 more Show 11 less . Immediate Family Outside the United States. However, the priority date must also be current. Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? Official websites use .gov In US immigration, a child is an individual who is less than 21 and unmarried. 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. Labor certification and qualifications for certain immigrants (INA 212(a)(5)). U.S. citizens may petition on behalf of family members who don’t fall into the “immediate relative” category. The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members. The petitioning relative must complete this form. Unmarried son or daughter of any age. 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. The relationship to the family member who filed. The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. 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. Please also see our page on Form Filing Tips. The elements of the application that must be submitted to the USCIS are the same for each type of family member. Spouses must also provide proof that the … Once the person reaches 21, he or she is a son or daughter. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. SEC. 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 This is discussed below. (Guide for U.S. Citizens), Form I-485, Application to Register Permanent Residence or Adjust Status. A .gov website belongs to an official government organization in the United States. 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. (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.). For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. The various steps involved in obtaining USCIS approval of an I-130 petition for a family member to get a U.S. green card. 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. A US citizen's spouse, unmarried children under the age of 21, and parents are referred to as "Immediate Relatives." Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. 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. A .gov website belongs to an official government organization in the United States. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. 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. Overview - Family-Based Immigrant Visas. 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. The processing time to obtain a green card for Immediate Relatives is … It consists of four subgroups, the F1, F2, F3, and F4. 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 petitioning relative must complete this form. 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”. 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. 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. Which relatives qualify for derivative U status will depend on your age and, in some instances, your family member’s age and marital status. For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. The visas allotted for these categories are subject to annual numerical limits. 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. The location of the Lock Box facility depends on your permanent address in the U.S. 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.). What is the I-601 Waiver process. 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. Spouses, parents and minor children (under the age of 21 years) of a U.S. citizen are classified as Immediate Relatives. 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. After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. For further information, see our Employment Authorization and Travel Documents pages. (PDF, 688.27 KB) guide. This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship. Members of a person’s immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further. 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. 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). Siblings of U.S. Citizens, and their spouses and minor children provided the U.S. Citizen is at minimum 21 years of age. The qualifying relationship must be documented with evidence. Even if two people are not connected by marriage but by a civil partnership or cohabitation, immediate family may apply. A U.S. citizen must file separate immediate relative petitions for the spouse, each child, and each parent. Family Based Immigration. 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 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. Form I-129F, Petition for Alien Fiancé(e). Once received, the NVC will assign a case number for the petition. Do not travel if you are sick, or if you have been around someone with COVID-19 in the past 14 days. Official Website of the Department of Homeland Security, Green Card for Immediate Relatives of U.S. Citizen, USCIS Response to Coronavirus 2019 (COVID-19), Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Inadmissibility on Public Charge Grounds Final Rule: Litigation, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”, Form I-485, Application to Register Permanent Residence or Adjust Status, section 245(c) of the Immigration and Nationality Act (INA), Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-601, Application for Waiver of Grounds of Inadmissibility, Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, Form I-864, Affidavit of Support Under Section 213A of the INA, Form I-864EZ, Affidavit of Support Under Section 213A of the Act, Form I-693, Report of Medical Examination and Vaccination Record, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-612, Application for Waiver of the Foreign Residence Requirement, Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities, Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-765, Application for Employment Authorization, Form I-131, Application for Travel Document, Instructions for Application for Travel Document, Classes of Aliens Ineligible for Visas or Admission, USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures, USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment, USCIS Policy Manual Volume 8, Admissibility, The unmarried child under 21 years of age of a U.S. citizen; or. SEC. Family-based immigrant petitions are filed using Form I-130. 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. A Form I-130 (that is ultimately approved) filed together with your Form I-485. 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 becoming a Green Card holder, see the Adjustment of Status for processing within the United States and Consular Processing page for processing overseas. It can contain others connected by birth, adoption, marriage, civil partnership, or … A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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