US citizens and lawful permanent residents can help certain family members immigrate to the US. Immigrating to the US through a visa petition is a two-step process. The first step is to apply for a visa petition with the CIS. After the visa petition is approved, the immigrant must file for the immigrant visa and legal permanent resident status (green card).

The First Step – The Visa Petition

In order for a person to immigrate to the US through a US citizen or lawful permanent resident relative, the citizen or permanent resident has to file a Petition for Alien Relative (Form I-130) and prove to the US government that their foreign relative is eligible to immigrate through a family relationship.

Immediate relatives of US citizens can immigrate very quickly and live permanently in the United States, because they have a special immigration priority. They do not have to wait in line for a visa number, since there is an unlimited number of visas available to them.

Family members who do not qualify as an immediate relative or fiance(e) of a US citizen immigrate through what is called the “preference system.” Unlike an immediate relative, the beneficiary of a preference petition may have to wait for a period of time between the approval of the visa petition and immigrating. The Department of State’s Visa Bulletin shows the waiting times for foreign relatives immigrating through the preference system.

You may be eligible to immigrate to the US if you are:

• An immediate relative of a US citizen

  • This includes spouses, unmarried children under the age of 21, and parents of US citizen petitioners age 21 or older.

     

• A family member of a US citizen fitting into a preference category

  • Eligible relatives of US citizens include unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of US citizen petitioners age 21 or older.

• A spouse or unmarried child of a green card holder

  • A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the US through the preference system. However, unlike US citizens, permanent residents cannot petition for married children, siblings or parents.

    The spouse and/or children of a green card holder may also qualify for V-Visa non-immigrant status, which permits them to live and work in the US while waiting to obtain immigrant status.

• A member of a special category

  • This can include battered spouses or children of US citizens and green card holders under the Violence Against Women Act (VAWA), fiance(e)s of US citizens and their children, a person born to a foreign diplomat in the United States, and a widow(er) of a US Citizen.

• A prospective adopted child of a US citizen

At the Law Office of Sonia Frontera we can help you or your relatives through the family-based immigration process. Please call us to schedule a consultation.

The Second Step – Becoming a Permanent Resident

The second step of the immigration process through a visa petition is the application for immigrant visa and legal permanent resident status. There are two ways to become a permanent resident based on a family visa petition: 1) through adjustment of status at a CIS office in the US; or 2) through consular processing at a US consulate abroad (usually at the immigrant’s home country).

Adjustment of Status for Relatives Already in the US

Anytime a person becomes a permanent resident without leaving the US, he or she goes through what is called an “adjustment” of immigration status. These individuals are allowed to file a petition to adjust status in order to become permanent residents while their relatives file a Petition for Alien Relative on their behalf. Depending on their circumstances, they might have to return to their country for consular processing at the US consulate.

Consular Processing for Immigrants Outside of the US

If the prospective immigrant is outside the US, he or she may need to apply for an immigrant visa at a US consulate abroad, usually in their home country.

Each kind of application for immigration benefits has its own eligibility rules, procedures and forms. Therefore, before applying for family based immigration or any other immigration benefit, seek up to date information and legal advice from reliable sources.

At the Law Office of Sonia Frontera we can help you or your relatives through the family-based immigration process. Please call us to schedule a consultation.