The second step is the application to become a permanent resident, filed … Immigrating through family is a two-step process. This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. 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. Official websites use .gov Mail your petition. For further information, see our Employment Authorization and Travel Documents pages. The two main categories of family-based petitions are: Immediate relatives of US citizens. Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? Visas are always available for immediate relatives of U.S. citizens. 5. Family preference beneficiaries may assume that an I-130 approval means a visa is available. 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 … 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. It depends on both the law in question and on the responsibilities people have toward the other people in their lives. The two main categories of family-based petitions are: Immediate relatives of US citizens. Immediate relatives of US citizens are given special preferential treatment. Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable); Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see, If you currently hold A, G, or E nonimmigrant status, include. The qualifying relationship must be documented with evidence. Non—Diminution of Benefits. Preference categories apply to family members who are not immediate relatives. For more information on Green Cards, see the Green Card section. Petitions for immediate family members may take approximately eight months to a year to get processed. If you or a member of your family is in the U.S. military, special conditions may apply. Share sensitive information only on official, secure websites. Immediate Family Outside the United States. 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”. immediate relatives and other close family members. Securing a green card through family members who are immediate family is generally the simpler option. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you: If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. Siblings of U.S. Citizens, and their spouses and minor children provided the U.S. Citizen is at minimum 21 years of age. c. (U) Immediate Family Members of Domestic Employees: Immediate family members of domestic employees seeking a derivative A-3 or G-5 visa are rare and should be duly scrutinized. 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. Spouses can be either heterosexual or homosexual. After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. A Form I-130 (that is ultimately approved) filed together with your Form I-485. Please also see our page on Form Filing Tips. This is called “adjustment of status.”. The USCIS did not process a petition filed with premium processing within 15 calendar days. 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. 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). 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. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. 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 petitioning relative must complete this form. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. U.S. Immediate Family Members and Prohibited Stock Sales . Free download for Form I-600. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all immediate family members of a U.S. citizen involved in an immigrant visa case. There may be extraordinary circumstances that could also warrant a refund of your family-based green card filing fees. Once USCIS approves the I-130 petition and the priority date is current, the foreign family member may apply for a green card. The other relatives of US citizens -- unmarried children over the age of 21, married children of any age, and siblings (when the US citizen sponsor is above the age of 21) all fall under what is referred to as the "family preference category." You were inspected and admitted or inspected and paroled into the United States; You are physically present in the United States at the time you file your Form I-485; You are eligible to receive an immigrant visa; An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application; Note: A visa is always available for immediate relatives. How Do I Help My Fiancé(e) Become a Permanent Resident? 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. 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. 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