Family-Based Immigrant Visas

Permanent residence status, symbolized to many people as the “green card”, confers upon foreign nationals the right to live and work in the United States without time limitations.

The two most common ways of becoming a permanent resident are:

1. Through close family ties to a U.S. citizen or permanent resident, or
2. Through employment in the United States.

Categories of Individuals Eligible to Immigrate

1. Immediate Relative of US Citizens
   
   Immediate Relatives are defined as spouses, children and parents. In the case of children, they are defined as individuals under the age of 21. For parents of a U.S. citizen, the petitioning son or daughter must be at least 21 years of age.
   
   Immediate Relatives can also include the widows of a U.S. citizen provided the alien was the spouse of the citizen for at least 2 years prior to the citizen’s death and was not legally separated from the citizen at the time of his/her death.
   
   Please note: The petition for lawful permanent resident status has to be filed within two (2) years after the citizen’s death and before re-marriage.
   
   When applying to become to a lawful permanent resident through an immediate relative there are no waiting periods as there are always visas available.
   
   
2. Preference Relatives
   
   Preference relatives fall into four distinct categories:
   
   1st Preference – unmarried sons and daughters of a U.S. citizen
   
   2nd Preference – spouses and unmarried sons and daughters (under the age of 21) and unmarried sons or daughters over 21 of a lawful permanent resident
   
   3rd Preference – married and sons and daughters of U.S. citizens
   
   4th Preference – brothers and sisters of U.S. citizens
   
   Unlike immediate relatives, preference relatives almost always have waiting periods before a visa becomes available. The U.S. visa bulletin, released each month by the U.S. State Department, provides the priority dates in each of the four categories.
   
   These numbers are usually updated during the middle of each month. This bulletin can be accessed for FREE via the Internet by clicking here.

Filing Procedures

Filing for Adjustment of Status in the United States

Upon making a legal entry into the United States, one may be eligible to file to adjust his or her status to that of a lawful permanent resident. One submits their applications to the respective Immigration and Naturalization Service District Office within the appropriate district. Time frames for processing vary according to locality and in many INS districts of the United States processing times can run as long as 2 to 3 years.

The following forms are generally submitted to begin the process:

1. Form I-130, Petition for Alien Relative
2. Form G-325, Biographic Forms
3. Form I-485, Application to Adjust Status
4. Form I-485, Supplement
5. Form 9003, Internal Revenue Service Form
6. Form I-864, Affidavit of Support
7. Form I-765, Application for Employment Authorization

In addition, to the above forms, the INS will require the applicant to submit evidence of the relationship to the petitioning party (i.e., a marriage or birth certificate), INS-style photographs, an INS medical exam, proof of a legal entry into the United States (i.e., Form I-94), tax returns and employment verification letter from the petitioner and/or joint sponsor.

Please note that individuals who previously entered the United States illegally who have filed and have an approved visa petition with a priority date of January 14, 1998 or before remain eligible indefinitely to adjust their status in the United States. These individuals, however, will be required to pay a penalty fee of $1,000.00 to the INS.

For information on Family Based Immigration through Consular Processing, please click here.