Family-Based Immigration
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships.
There are two types of family-based immigrant visas: “Immediate Relative” and “Family Preference”.
Application Process
To establish a qualifying relationship, a U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). If a U.S. citizen dies after filing Form I-130 on behalf of the noncitizen spouse, the Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If the U.S. citizen spouse had no I-130 petition filed at the time of death, the noncitizen spouse may be eligible to self-petition as an “immediate relative” by filing Form I-360 within two years of the U.S. citizen spouse’s death.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the alien relative may apply to become a lawful permanent resident through adjustment of status or consular processing.
Immigrant visas for immediate relatives of U.S. citizens are unlimited; therefore, the visas are always available. However, those in family preference immigrant categories must wait until a visa number becomes available before they can apply for adjustment of status or an immigrant visa.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the family preference category being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin. For family-sponsored immigrants, the priority date is the date that the Form I-130 or Form I-360 is properly filed with USCIS.
Eligibility Criteria for Adjustment of Status
An alien relative who lives in the United States may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after the immigrant visa petition is filed but while the petition remains pending (known as “concurrent filing”), or after USCIS approves the petition, as long as it has not been terminated or revoked, provided that an immigrant visa is immediately available and all other eligibility requirements are met.
A K-1 fiancé(e) nonimmigrant who married the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e) on their behalf, within 90 days of admission into the U.S., may apply for a Green Card by filing Form I-485. K-2 nonimmigrant children who remain unmarried may also apply for a Green Card at the same time or after K-1 nonimmigrant.
Consular Processing
If an alien relative lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
There are few things more heartwarming than reuniting with a beloved family member. When it comes to navigating the intricacies of U.S. family-based immigration provisions, it is critical to get help from an experienced immigration attorney who strategizes masterfully to make the process as smooth as possible.
To learn more about how ImmiThrive Law Firm can help you throughout the family-based immigration process, book your consultation now.
Family-Based Immigration
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships.
There are two types of family-based immigrant visas: “Immediate Relative” and “Family Preference.”
Application Process
To establish a qualifying relationship, a U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). If a U.S. citizen dies after filing Form I-130 on behalf of the noncitizen spouse, the Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If the U.S. citizen spouse had no I-130 petition filed at the time of death, the noncitizen spouse may be eligible to self-petition as an “immediate relative” by filing Form I-360 within two years of the U.S. citizen spouse’s death.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the alien relative may apply to become a lawful permanent resident through adjustment of status or consular processing.
Immigrant visas for immediate relatives of U.S. citizens are unlimited; therefore, the visas are always available. However, those in family preference immigrant categories must wait until a visa number becomes available before they can apply for adjustment of status or an immigrant visa.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the family preference category being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin. For family-sponsored immigrants, the priority date is the date that the Form I-130 or Form I-360 is properly filed with USCIS.
Eligibility Criteria for Adjustment of Status
An alien relative who lives in the United States may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after the immigrant visa petition is filed but while the petition remains pending (known as “concurrent filing”), or after USCIS approves the petition, as long as it has not been terminated or revoked, provided that an immigrant visa is immediately available and all other eligibility requirements are met.
A K-1 fiancé(e) nonimmigrant who married the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e) on their behalf, within 90 days of admission into the U.S., may apply for a Green Card by filing Form I-485. K-2 nonimmigrant children who remain unmarried may also apply for a Green Card at the same time or after K-1 nonimmigrant.
Consular Processing
If an alien relative lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
There are few things more heartwarming than reuniting with a beloved family member. When it comes to navigating the intricacies of U.S. family-based immigration provisions, it is critical to get help from an experienced immigration attorney who strategizes masterfully to make the process as smooth as possible.
To learn more about how ImmiThrive Law Firm can help you throughout the family-based immigration process, book your consultation now.
Family-Based Immigration
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships.
There are two types of family-based immigrant visas: “Immediate Relative” and “Family Preference”.
Application Process
To establish a qualifying relationship, a U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). If a U.S. citizen dies after filing Form I-130 on behalf of the noncitizen spouse, the Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If the U.S. citizen spouse had no I-130 petition filed at the time of death, the noncitizen spouse may be eligible to self-petition as an “immediate relative” by filing Form I-360 within two years of the U.S. citizen spouse’s death.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the alien relative may apply to become a lawful permanent resident through adjustment of status or consular processing.
Immigrant visas for immediate relatives of U.S. citizens are unlimited; therefore, the visas are always available. However, those in family preference immigrant categories must wait until a visa number becomes available before they can apply for adjustment of status or an immigrant visa.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the family preference category being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin. For family-sponsored immigrants, the priority date is the date that the Form I-130 or Form I-360 is properly filed with USCIS.
Eligibility Criteria for Adjustment of Status
An alien relative who lives in the United States may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after the immigrant visa petition is filed but while the petition remains pending (known as “concurrent filing”), or after USCIS approves the petition, as long as it has not been terminated or revoked, provided that an immigrant visa is immediately available and all other eligibility requirements are met.
A K-1 fiancé(e) nonimmigrant who married the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e) on their behalf, within 90 days of admission into the U.S., may apply for a Green Card by filing Form I-485. K-2 nonimmigrant children who remain unmarried may also apply for a Green Card at the same time or after K-1 nonimmigrant.
Consular Processing
If an alien relative lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
There are few things more heartwarming than reuniting with a beloved family member. When it comes to navigating the intricacies of U.S. family-based immigration provisions, it is critical to get help from an experienced immigration attorney who strategizes masterfully to make the process as smooth as possible.
To learn more about how ImmiThrive Law Firm can help you throughout the family-based immigration process, book your consultation now.
The immediate relatives of U.S. citizens include the spouses of U.S. citizens, the unmarried children under 21 years of age of U.S. citizens, the parents of U.S. citizens at least 21 years old, and widows or widowers of U.S. citizens (and their children who are unmarried and under age 21 at time of filing the I-130 or I-360) if the U.S. citizen filed a petition before his or her death, or if the widow(er) files a petition within two years of the citizen’s death and only until the date the widow(er) remarries.
Immediate Relatives of U.S. Citizens
01
02
The family preference immigrant categories include First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens; Second preference (F2A) – spouses and unmarried sons and daughters (under 21 years of age) of lawful permanent residents; Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents; Third preference (F3) – married sons and daughters of U.S. citizens; and Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Family Preference Immigrants
The immediate relatives of U.S. citizens include the spouses of U.S. citizens, the unmarried children under 21 years of age of U.S. citizens, the parents of U.S. citizens at least 21 years old, and widows or widowers of U.S. citizens (and their children who are unmarried and under age 21 at time of filing the I-130 or I-360) if the U.S. citizen filed a petition before his or her death, or if the widow(er) files a petition within two years of the citizen’s death and only until the date the widow(er) remarries.
Immediate Relatives of U.S. Citizens
01
02
The family preference immigrant categories include First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens; Second preference (F2A) – spouses and unmarried sons and daughters (under 21 years of age) of lawful permanent residents; Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents; Third preference (F3) – married sons and daughters of U.S. citizens; and Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Family Preference Immigrants
01
The immediate relatives of U.S. citizens include the spouses of U.S. citizens, the unmarried children under 21 years of age of U.S. citizens, the parents of U.S. citizens at least 21 years old, and widows or widowers of U.S. citizens (and their children who are unmarried and under age 21 at time of filing the I-130 or I-360) if the U.S. citizen filed a petition before his or her death, or if the widow(er) files a petition within two years of the citizen’s death and only until the date the widow(er) remarries.
02
The family preference immigrant categories include First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens; Second preference (F2A) – spouses and unmarried sons and daughters (under 21 years of age) of lawful permanent residents; Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents; Third preference (F3) – married sons and daughters of U.S. citizens; and Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).