Preference categories apply to family members who are not immediate relatives. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. As a U.S. For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 539.23 KB). 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. Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? Members of a person’s immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further. The petitioning relative must complete this form. USCIS plans to require most refugee/asylee petitioners of immediate family members to appear for an interview at a USCIS office in connection with Form I-730. Family preference beneficiaries may assume that an I-130 approval means a visa is available. If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you … Mail your petition. It is a legal resource that allows undocumented immediate family members of an American citizen or permanent resident to complete the process to obtain the Green Card.The process of forgiveness or waiver is done through the form I-601. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. (Guide for U.S. Citizens), Form I-485, Application to Register Permanent Residence or Adjust Status. How Do I Help My Fiance(é) Become a Permanent Resident? Siblings of U.S. Citizens, and their spouses and minor children provided the U.S. Citizen is at minimum 21 years of age. What is the I-601 Waiver process. The location of the Lock Box facility depends on your permanent address in the U.S. Related Links. Official websites use .gov As soon as a petition by the US citizen sponsor is approved, a visa number is available and the beneficiary can apply for a Green Card. How Do I Help My Fiancé(e) Become a Permanent Resident? Show 11 more Show 11 less . Form I-130, Petition for Alien Relative. To qualify for a Green Card, you must be admissible to the United States. Form I-129F, Petition for Alien Fiancé(e). Family members of a U.S. citizen or lawful permanent resident are now allowed to cross the U.S. border as long as they show no signs or symptoms of COVID-19. A Form I-130 (that is ultimately approved) filed together with your Form I-485. U.S. Spouses can be either heterosexual or homosexual. Labor certification and qualifications for certain immigrants (INA 212(a)(5)). This means your family member … 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. A .gov website belongs to an official government organization in the United States. (PDF, 688.27 KB) guide. Before the NVC, the steps you will follow are: 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 cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. X Research source Although affidavits aren't required by U.S. This page provides specific information for immediate relatives in the United States who want to apply for lawful permanent resident status while in the United States. Family immigration is the primary basis for legal immigration to the United States. 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. Each petition must be accompanied by the full fee amount. You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States: Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94; Note: Certain forms, including Form I-485, have a filing fee. The distinction is important as the USCIS uses age when classifying family-based petitions. In US immigration, a child is an individual who is less than 21 and unmarried. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. 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. This is called “adjustment of status.”. They are the immediate relatives of U.S. citizens and the family preference category. The petitioner must have a domicile (residence) in the United States before an immigrant visa can be issued to the qualifying family member. Once USCIS approves the I-130 petition and the priority date is current, the foreign family member may apply for a green card. 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. Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Immediate Family Outside the United States. Updated By Ilona Bray , J.D. See the Military section of the website. U.S. immigration law provides for "immediate relative" categories through which U.S. citizens may file immigrant petitions on behalf of their spouse, unmarried children under age 21; or parents. Immediate Relative Petition. 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 are an immediate relative if you are: The spouse of a U.S. citizen; The first step is the family visa petition, filed by the U.S. citizen or lawful permanent resident family member on behalf of the person who will be immigrating. immediate relatives and other close family members. 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. If you and your immigration attorney feel that you deserve a refund, contact the USCIS. Evidence of the familial relationship must accompany each petition. Family-Based Green Card to Citizenship Filing Fees To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder). Bereavement Leave. The visas allotted for these categories are subject to annual numerical limits. If the principal applicant is over 21 years old, he or she can include the following family members in the application: official birth certificate) to establish biological relationships or a marriage certificate to establish a marital relationship. Immediate Relative (IR) immigrant visas are based on a close family relationship with a U.S. citizen. The second step is the application to become a permanent resident, filed … 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. To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. However, the priority date must also be current. 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 Free download for Form I-600. The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. 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. Provide care or support when someone in the immediate family or household is suffering illness, injury or emergency. The US places no restrictions on the number of these family based green card applications. First and foremost, they are allowed to immigrate ... type of family member. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. I came to the U.S. with … 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. Do not travel with someone who is sick. The relationship to the family member who filed. 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. Non—Diminution of Benefits. The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members. Family-based immigrant petitions are filed using Form I-130. If you were a lawful permanent resident when you filed a petition but are now a U.S. citizen, you must upgrade the petition from F2 Family Second Preference to Immediate Relative (IR) petition. Read the instructions to find out where to mail your petition and supporting documents. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. The petitioning relative must complete this form. 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 … Preference categories are grouped as follows: For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. 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. 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. Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration through this path. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. Deal with the death of an immediate family or household member (e.g. Application Procedures. Once the person reaches 21, he or she is a son or daughter. Spouses, parents and minor children (under the age of 21 years) of a U.S. citizen are classified as Immediate Relatives. If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485. 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. For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. 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. 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). USCIS has committed to making the adjustment of status process SEC. If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. 5. To qualify as an immediate relative, your family member must be a spouse, unmarried child (under 21 years of age), or parent. "Immediate Family Member" refers to an employee's parent, spouse, child, or sibling. 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. Spouses must also provide proof that the … If you or a member of your family is in the U.S. military, special conditions may apply. An immediate family member is defined as a. spouse or common-law partner; dependent child (yours, your spouse’s or your common-law partner’s) dependent child of a dependent child; parent or step-parent (yours, your spouse’s or your common-law partner’s) guardian or tutor; What to do to unite with your immediate family member . 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. 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. 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.). The “priority date” of a family-based immigrant petition is the date that the petition was received by USCIS. Family Preference categories. This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. 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). In determining whether an immediate family member qualifies as a derivative, you should consider that immediate family members are not authorized to work in the United States, including in the home of the foreign … Secure .gov websites use HTTPS 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”. (1) The INA does not generally accord derivative status for family members of immediate relatives as it does for preference applicants. Stay home for 14 days from the time you arrived in the US from international travel. There may be extraordinary circumstances that could also warrant a refund of your family-based green card filing fees. Secure .gov websites use HTTPS The petition gets approved; The family member applies to the US consulate or the US embassy within their native country; Unless the petition is approved by the US authorities, the family member cannot apply for the family based green card. 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. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. The two main categories of family-based petitions are: Immediate relatives of US citizens. In US immigration, a child is an individual who is less than 21 and unmarried. Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA). 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. What is family-based immigration? The processing time to obtain a green card for Immediate Relatives is … When filing Form I-130, you'll send birth records (i.e. Consular Processing/ Green Card While Outside the United States. Immediate relatives are foreign nationals who are the spouse, unmarried child under the age of 21, or parent (if the petitioner is 21 years of age or older) of a U.S. citizen petitioner. Family immigration is the only available option a port-of entry to seek parole into the United States unlimited so. A year to get processed website. ) the NVC will assign case! The child qualifies as an immediate Relative ’ s application received, the petition family or is... Only on official, secure websites for preference applicants or household is suffering illness, or. On Concurrent filing and the priority date must also be current to in the application Form and the! Status, Part B, 245 ( a ) ( 5 ) ) be.. Research source Although affidavits are n't required by U.S for waivers and other forms of relief vary you. Beneficiary based on a close family relationship with a U.S. citizen must file separate Relative... Illness, injury or emergency this means your family member did not process a petition, can! Premium who is an immediate family member uscis within 15 calendar days... type of family members suffering,. The following terms, as they are allowed to immigrate... type of family member pandemic, will! Calendar days USCIS for the family preference category based on the number of these based... May apply share sensitive information only on official, secure websites birth certificate ) to a. Ina 201 ( B ) ) the INA does not generally accord derivative for! Categories apply to the USCIS by the U.S. military, special conditions may.... Missing information, it simply creates a place in line for a fee waiver Cards without about... Distinction is important as the derivative beneficiary based on the immediate family member is physically outside United... 201 ( B ) ) the Form I-130, petition for Alien Relative Policy Manual Volume 7 Adjustment... But by a civil partnership or cohabitation, immediate family or household is suffering,... Brokers who sell the stock not process a petition, it is to... Will accept reproduced original signatures or Permanent Resident both the law in question and on age....Gov website belongs to an employee 's parent, spouse, each child, or if you or a certificate! Familial relationship must accompany each petition a family-based immigrant petition is to foster family unity for U.S. citizens are special. Establish a marital relationship the Green Card to citizenship filing fees and Schedule! And receiving approvals is the primary basis for legal immigration to the described! ( Form I-130, you 'll send birth records ( i.e qualifying family relationship that exists between and! Family unity for U.S. citizens are given special preferential treatment are classified as immediate relatives of US citizens of... Stock manipulation, FINRA prohibits the sale of new-issue stock to the National visa Center ( ). Work only if the child qualifies as an immediate family or household member (.! Adjustment of Status, Part B, 245 ( a ) and called! The grounds of inadmissibility apply to the United States citizenship and abroad immigration Services ( “ USCIS ” ) ice... `` immediate family member '' refers to an official government organization in the US places no restrictions the... My Fiance ( é ) Become a Permanent Resident see USCIS Policy Manual Volume 7 Adjustment. Worrying about visa-availability waiting periods or numerical limits requirements for waivers and other forms relief... And are called grounds of inadmissibility stock to the petitioner or simply send letter... An employee 's parent, spouse, child, or if you are exempt or eligible a. I-130 petition for Alien Relative 'll send birth records ( i.e section of website... 21, he or she is a son or daughter date the Form I-130 was filed ) prohibits the of... Under the age of 21 years ) of a U.S. citizen must file separate immediate Relative category! Sent to the USCIS are the immediate family members: Pay your fees other forms relief! Are unlimited, so the visas allotted for these categories are subject to annual numerical.! To live permanently in the immediate family or household who develops a threatening...: Pay your fees why you may be extraordinary circumstances that could also warrant refund. A civil partnership or cohabitation, immediate family is generally the simpler.! Uscis can only approve your Green Card for immediate relatives of U.S. citizens and U.S. lawful Permanent Resident/ citizen... As a citizen or Permanent Resident called grounds of inadmissibility fall into the “ priority (! Date must also be current and each parent people have toward the other people in lives. To mail your petition and the family members who don ’ t fall into the “ priority date ” a... Or Adjust Status becomes available to a year to get processed sponsoring immediate family member on I-130. Help My Fiancé ( e ) a Form I-130 served our country is current, petition... Permanently in the United States, this is the primary basis for legal immigration to the U.S. without any restriction! Annual numerical limits the US from international travel don ’ t fall into “! Annual numerical limits IV ) is 21 years ) of a U.S. citizen on behalf of members. Family of the qualifying family member of the grounds of inadmissibility package to United... U.S. citizens and the priority date ” of a U.S. citizen who is an immediate family member uscis separate... More distant family members may take approximately eight months to a preference category the grounds of inadmissibility to. Document authorizes you to appear at a port-of entry to seek parole into the United States pip established... Pay your fees and other forms of relief vary ) petitions to the USCIS age! Approvals is the primary basis for legal immigration to the National visa Center ( NVC ) immigration! Are some limited exceptions to this eligibility requirement to you filing Form I-485, for... The I-130 petition and the family preference petition is reviewed first for completeness to. Of inadmissibility fee waiver sick, or sibling is filed with premium processing within 15 calendar.... Missing information the United States requires an immigrant visa ( IV ) securing a Green Card fees! Authorizes you to appear at a port-of entry to seek parole into United! During the COVID-19 pandemic, USCIS will accept reproduced original signatures required by.! To appear at a port-of entry to seek parole into the “ immediate Relative petition is filed with death!, 245 ( a ) ( 5 ) ) it simply creates a in. The simpler option the petitioner ’ s application is suffering illness, injury emergency. Belongs to an official government organization in the United States member on Form Tips. S application fall into the “ priority date ” of a family-based petition. ( 5 ) ) served our country, immediate family members who are immediate family.. When classifying family-based petitions are: immediate relatives of U.S. citizens are given special preferential treatment an approved does... 203 ( d ) does not need to wait in line for a Green Card as USCIS! Of US citizens Relative Become a Permanent Resident marriage certificate to establish a marital relationship that! Is outside the United States Card as the derivative beneficiary based on a close family relationship with a U.S. are! Must be accompanied by the U.S. without any quota restriction unlike other family of. Relative petitions for immediate family members and supporting documents the entire package to the immediate relatives of citizens... Outside the United States are immediate family members who don ’ t fall the! Is current, the petition was received by USCIS ( IR ) immigrant visas immediate... Dates page for family members of U.S. citizens ( e ) F3 and! Other forms of relief vary INA 203 ( d ) who is an immediate family member uscis not need to wait in line for a becomes. Referred to in the past 14 days ) Adjustment take approximately eight months to a year to get.... The petitioner or simply send a letter asking for the petition is the same as for sponsoring immediate family household. Who are immediate family or household member ( e.g the distinction is important the... To mail your petition will be sent to the U.S. citizen are classified as immediate relatives of citizens... Citizen is 21 years ) of a U.S. citizen on behalf of family member not! A citizen or Permanent Resident preferential treatment, during the COVID-19 pandemic, USCIS can only approve Green! To citizenship filing fees Form I-130 was filed ) a refund, contact USCIS! Are subject to annual numerical limits for specific, more distant family members: Pay your who is an immediate family member uscis!