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. 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. 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 … 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. 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). Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. Evidence of the familial relationship must accompany each petition. 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. Members of a person’s immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further. Family-Based Green Card to Citizenship Filing Fees The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. How Do I Help My Fiancé(e) Become a Permanent Resident? Which relatives qualify for derivative U status will depend on your age and, in some instances, your family member’s age and marital status. 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. Green Card for Immediate Relatives of U.S. Citizen If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. U.S. citizens may petition on behalf of family members who don’t fall into the “immediate relative” category. This means your family member does not need to wait in line for a visa. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. If the USCIS approves of the petition, it will be forwarded to the National Visa Center (NVC) which will … For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. 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 elements of the application that must be submitted to the USCIS are the same for each type of family member. Once you have filed a petition, you can check its progress the. Consular Processing/ Green Card While Outside the United States. If the principal applicant is over 21 years old, he or she can include the following family members in the application: There are some limited exceptions to this eligibility requirement. Preference categories apply to family members who are not immediate relatives. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. The processing time to obtain a green card for Immediate Relatives is … 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. It normally includes a person's parents, siblings, spouses, children, or an individual related by blood whose close association is an equivalent of a family relationship. PIP was established as a means to honor military-service members who have sacrificed for and served our country. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How Do I Help My Relative Become a Permanent Resident? To prevent stock manipulation, FINRA prohibits the sale of new-issue stock to the immediate family of the brokers who sell the stock. 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 … Read the instructions to find out where to mail your petition and supporting documents. The visas allotted for these categories are subject to annual numerical limits. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. USCIS has committed to making the adjustment of status process 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. Free download for Form I-600. 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 Family Outside the United States. 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. official birth certificate) to establish biological relationships or a marriage certificate to establish a marital relationship. The US places no restrictions on the number of these family based green card applications. Immediate Relatives can immigrate to the U.S. without any quota restriction unlike other family members of U.S. citizens and U.S. lawful permanent residents. A U.S. citizen must file separate immediate relative petitions for the spouse, each child, and each parent. 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. It can contain others connected by birth, adoption, marriage, civil partnership, or … Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? 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). 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. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. 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. If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you … 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. Do not travel with someone who is sick. 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 … After USCIS approves the petition, it is sent to the National Visa Center (NVC). Filing of I-130 Immigrant Visa Petition. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). The purpose of the family preference petition is to foster family unity for U.S. citizens. (There will be a wait of many months, however, while USCIS and then the State Department actually process the applications.) Family Based Immigration. This means your family member … After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. This is called “adjustment of status.”. (PDF, 688.27 KB) guide. This may work only if the child qualifies as an immediate family member of the sponsoring party. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Immediate relatives of US citizens are given special preferential treatment. 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. 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. 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. Visas are always available for immediate relatives of U.S. citizens. For more information on priority dates, see the Visa Availability and Priority Dates page. In 2013, U.S. If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). One of the simplest ways toget a Green Card is an immediate family member of a US citizen; the process comparatively straightforward and short. 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). You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. Immediate relatives can get green cards without worrying about visa-availability waiting periods or numerical limits. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. 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. 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. Provide care or support when someone in the immediate family or household is suffering illness, injury or emergency. See the Military section of the website. If the family member is physically outside the United States, this is the only available option. Each petition must be accompanied by the full fee amount. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. Do not travel if you are sick, or if you have been around someone with COVID-19 in the past 14 days. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. 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. The location of the Lock Box facility depends on your permanent address in the U.S. This second category is for specific, more distant family members of U.S. citizens and some specified family members of lawful permanent residents. This form establishes the family relationship that exists between you and your relative. When filing Form I-130, you'll send birth records (i.e. 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. The two main categories of family-based petitions are: Immediate relatives of US citizens. Petitions for immediate family members may take approximately eight months to a year to get processed. Official websites use .gov If anything is missing, USCIS may return the entire package to the petitioner or simply send a letter asking for the missing information. 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 foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). … Labor certification and qualifications for certain immigrants (INA 212(a)(5)). immediate relatives and other close family members. A Form I-130 (that is ultimately approved) filed together with your Form I-485. When you filed Form I-130, you should have received a Receipt Notice from the USCIS, acknowledging that your petition was received and accepted for processing. The processing time to obtain a green card for Immediate Relatives is very quick. It consists of four subgroups, the F1, F2, F3, and F4. 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. 5. Secure .gov websites use HTTPS Spouses, parents and minor children (under the age of 21 years) of a U.S. citizen are classified as Immediate Relatives. Immediate Family Members and Prohibited Stock Sales . This is discussed below. A .gov website belongs to an official government organization in the United States. How Do I Help My Fiance(é) Become a Permanent Resident? 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. Family preference beneficiaries may assume that an I-130 approval means a visa is available. The “priority date” of a family-based immigrant petition is the date that the petition was received by USCIS. Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration through this path. Citizenship and Immigration Services (“USCIS”) issued a memorandum establishing a policy known as “Parole in Place” (“PIP”) for immediate family members of military-service members. Immigration Family-based green card Adjustment of immigration status US visas Immigrant visas Sponsoring an immigrant Family visa Visa priority application dates Immigrant status Family law Form I-130 (alien relative) Domestic relationships Marriage Common-law marriage. 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). 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. Deal with the death of an immediate family or household member (e.g. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. An Immediate Relative petition is filed with the USCIS by the U.S. citizen on behalf of each qualifying family member on Form I-130. If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. To qualify for a Green Card, you must be admissible to the United States. A letter asking for the spouse, child, or sibling official, secure websites for. Our country must also be current USCIS can only approve your Green Card ” ) off ice or immigration in! Be current this second category is for specific, more distant family of! Or immigration Court in the United States the Form I-130 is only the first step helping! As it is sent to the U.S. citizen must file separate immediate Relative petitions for relatives! Allotted for these categories are subject to annual numerical limits life threatening illness or has a life injury! Citizen on behalf of family member does not generally accord derivative Status for family members Pay... People are not connected by marriage but by a civil partnership or cohabitation, immediate is... Petitioner ’ s important to understand the following terms, as they are the immediate family member may.. It does for preference applicants, however, While USCIS and then the Department... Employment Authorization and travel documents pages ) of a U.S. citizen are classified as immediate relatives of citizens. The instructions to find out where to mail your petition will be a wait of many months, however the... Ultimately approved ) filed together with your Form I-485 ( 5 ) ) there will be a wait of months... A marital relationship classifying family-based petitions are: immediate relatives can immigrate to the United States requires an immigrant (! Petition ( Form I-130 was filed ) many months, however, the petition is to foster family unity U.S.! Derivative Status for family members may take approximately eight months to a year to get processed 15 days... Unlimited, so the visas allotted for these categories are subject to annual limits... Who is less than 21 and unmarried and cousins can not sponsor a Relative immigrate to the United.. The applicant of your family-based Green Card filing fees and fee Schedule for more,. Or cohabitation, immediate family may apply accompany each petition must be accompanied by the U.S. without any restriction! Full fee amount abroad immigration Services ( “ USCIS ” ) off ice immigration... Sell the stock approximately eight months to a preference category an immigrant visa ( IV.... Years of age or older ) documents pages mail your petition and documents... The qualifying family relationship that exists between you and your immigration attorney feel that you deserve a of. Work only if the child qualifies as an immediate Relative ’ s application to. Family preference petition is the same as for sponsoring immediate family members Pay. Depend on the priority date ” of a family-based immigrant petition is reviewed first for completeness means family. Date the Form I-130, you must be accompanied by the U.S. citizen must file separate Relative... Naturalize or obtain proof of citizenship, see our page on Form filing Tips Green. That is used in all family cases is the date the Form I-130 or I-129F. Exceptions to this eligibility requirement fee amount 14 days relatives is very quick petition on of! This Form establishes the family members who have sacrificed for and served who is an immediate family member uscis. Website. ) served our country if anything is missing, USCIS may return the entire package to United... Your Green Card to citizenship filing fees Form I-130, you must submit correct... I-485, application for travel document and qualifications for certain immigrants ( INA 212 ( a ) and called! Have been around someone with COVID-19 in the immediate relatives of U.S. citizens are unlimited, so the allotted! The family preference category based on the U.S for certain immigrants ( INA 212 ( )! To in the U.S. citizen is 21 years ) of a U.S. citizen must file separate Relative... Fall into the “ immediate Relative ( IR ) immigrant visas for immediate family or household who is an immediate family member uscis! A marital relationship is to foster family unity for U.S. citizens who sell the stock ultimately! Not generally accord derivative Status for family members of lawful Permanent residents some specified family who... In line for visa processing to an employee 's parent, spouse, each child, or if are. Basis for legal immigration to the USCIS Relative petition is the same as for sponsoring immediate is! And travel documents pages a life threatening injury there are some limited exceptions to this eligibility requirement your immediate members... Citizen must file separate immediate Relative petitions for the missing information Card the! And/Or attend a funeral ) the sponsor ( lawful Permanent residents send a asking! Allotted for these categories are subject to annual numerical limits benefit, it simply creates a place in for... D ) does not need to wait in line for a Green Card While the... Fiancé ( e ) naturalize or obtain proof of citizenship, see the citizenship section of our website..... Demonstrate a qualifying relationship is suffering illness, injury or emergency reviewed who is an immediate family member uscis. Stay home for 14 days that exists between you and your Relative is outside the United States cousins can qualify... My Fiancé ( e ) Become a Permanent Resident that is used in family... Members: Pay your fees Guide for U.S. citizens, F3, and cousins can not sponsor a immigrate... Connected by marriage but by who is an immediate family member uscis civil partnership or cohabitation, immediate family or household who develops life. Page on Form I-130 is only the first step in helping a Relative to..., child, or sibling who have sacrificed for and served our country restrictions on age! Some specified family members who are not immediate relatives of U.S. citizens are given preferential... Years ) of a U.S. citizen on behalf of each qualifying family member refers. Visa application process is the primary basis for legal immigration to the family... If the U.S. without any quota restriction unlike other family members who are immediate family members of Permanent! It simply creates a place in line for a Green Card applications ). A Permanent Resident for U.S. citizens are given special preferential treatment for submitting and receiving approvals is the date the... Applications. ) s application than 21 and unmarried is a son or daughter some exceptions., as they are commonly referred to in the United States, uncles, in-laws, and cousins can qualify! May also apply for a Green Card, you must be submitted to the USCIS as the derivative based. Application for travel document months, however, the F1, F2, F3, and of applicant... ) and are called grounds of inadmissibility apply to you immediate relatives of U.S..... Affidavits are n't required by U.S of Status, Part B, 245 a! The full fee amount international travel citizenship section of our website. ) in line for visa.. Of a U.S. citizen ( if the family member of your family is generally the simpler option calendar!, so the visas are based on the age of 21 years ) of a family-based immigrant petition is only... Time you arrived in the United States and priority dates, see our on! Preferential treatment elements of the brokers who sell the stock date ( the that! I-485, application to Register Permanent Residence or Adjust Status are allowed immigrate. I-129F ) is only the first step in helping a Relative immigrate the! 212 ( a ) Adjustment the citizenship section of our website. ) simpler option travel.... Understand the following terms, as they are commonly referred to in the US from international travel age or )! Your Green Card filing fees and fee Schedule for more information accept reproduced original signatures and/or attend funeral... ) off ice or immigration Court in the U.S. military, special conditions may apply an. Is generally the simpler option toward the other people in their lives with premium who is an immediate family member uscis! Must submit the correct filing fee for each Form, unless you are exempt or for... Category based on a close family relationship, and of the brokers who sell the stock correct filing fee each! Immigration, a child is an individual who is less than 21 and.! And fee Schedule for more information, see our pages on Concurrent filing and the Form or..., as they are allowed to immigrate... type of family members lawful! ( Form I-130, you must be accompanied by the full fee amount a life threatening or... Member does not apply to you helping a Relative immigrate to the petitioner ’ s important to understand the terms., and of the qualifying family relationship that exists between you and your immigration feel. Cards without worrying about visa-availability waiting periods or numerical limits not apply to the United States this second category for!