The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). Please see USCIS’ Filing Fees and Fee Schedule for more information. The process for submitting and receiving approvals is the same as for sponsoring immediate family members: Pay your fees. (There will be a wait of many months, however, while USCIS and then the State Department actually process the applications.) Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130); Copy of your government-issued identity document with photograph; Copy of your passport page with nonimmigrant visa (if applicable); Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable); Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable). (1) The INA does not generally accord derivative status for family members of immediate relatives as it does for preference applicants. This form establishes the family relationship that exists between you and your relative. Before the NVC, the steps you will follow are: If you and your immigration attorney feel that you deserve a refund, contact the USCIS. 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. The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). Family preference beneficiaries may assume that an I-130 approval means a visa is available. Immediate Relative Petition. If anything is missing, USCIS may return the entire package to the petitioner or simply send a letter asking for the missing information. Each petition must be accompanied by the full fee amount. Please also see our page on Form Filing Tips. 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. What is family-based immigration? Which relatives qualify for derivative U status will depend on your age and, in some instances, your family member’s age and marital status. It depends on both the law in question and on the responsibilities people have toward the other people in their lives. 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. 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). Related Links. Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Family of Green Card Holders (Permanent Residents), How Do I Help My Relative Become a Permanent Resident? In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. 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. In 2013, U.S. This is discussed below. 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. Deal with the death of an immediate family or household member (e.g. 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. Immediate Relatives Other Family Members Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Show 11 more Show 11 less . The two main categories of family-based petitions are: Immediate relatives of US citizens. 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. 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. If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The petitioning relative must complete this form. After USCIS receives the Petition for Alien Relative, the petition is reviewed first for completeness. Even if two people are not connected by marriage but by a civil partnership or cohabitation, immediate family may apply. Share sensitive information only on official, secure websites. For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. Once USCIS approves the I-130 petition and the priority date is current, the foreign family member may apply for a green card. The family preference visa applicant may be able to apply in one of two ways: Consular processing is the process of obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate. 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. If the USCIS approves of the petition, it will be forwarded to the National Visa Center (NVC) which will … Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. 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. 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). Free download for Form I-600. How Do I Help My Fiance(é) Become a Permanent Resident? Am eligible for Adjustment of Status (I-485) as an immediate family member of a U.S. citizen, even though my visa has expired? 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). Once the person reaches 21, he or she is a son or daughter. The A-2 visa application process is the same for your immediate family members as it is for you. 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 . For a family member in the Immediate Relative Category who lives outside the United States, after USCIS approves the I-130 application, your I-130 file will be sent to the National Visa Center (NVC) for processing. Secure .gov websites use HTTPS Stay home for 14 days from the time you arrived in the US from international travel. The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. Immediate Family Members and Prohibited Stock Sales . The petitioning relative must complete this form. For family preference immigrant visa cases, when an applicant’s priority date meets the most recent qualifying date, the NVC will instruct the applicant to complete Form DS-261. 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”. 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. You are eligible to receive an immigrant visa if you are the beneficiary of: Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. 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 … Spouses can be either heterosexual or homosexual. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives . Share sensitive information only on official, secure websites. 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. The fee for Form I-130 is $420. The “priority date” of a family-based immigrant petition is the date that the petition was received by USCIS. In US immigration, a child is an individual who is less than 21 and unmarried. The qualifying relationship must be documented with evidence. Eligibility requirements for waivers and other forms of relief vary. Updated By Ilona Bray , J.D. Members of a person’s immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further. For further information, see our Employment Authorization and Travel Documents pages. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. 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. U.S. citizens may petition on behalf of family members who don’t fall into the “immediate relative” category. 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. 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. Official websites use .gov U.S. A .gov website belongs to an official government organization in the United States. The US places no restrictions on the number of these family based green card applications. … This may work only if the child qualifies as an immediate family member of the sponsoring party. (Guide for U.S. Citizens), Form I-485, Application to Register Permanent Residence or Adjust Status. The petitioner must have a domicile (residence) in the United States before an immigrant visa can be issued to the qualifying family member. 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. Mail your petition. Additionally, you may be asked to write an affidavit if you are a close family member of the couple, or a religious leader who knows the couple well. Evidence of the familial relationship must accompany each petition. How Do I Help My Relative Become a Permanent Resident? The fee for filing Form I-485 will depend on the age of the applicant. 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. The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members. In US immigration, a child is an individual who is less than 21 and unmarried. A U.S. citizen must file separate immediate relative petitions for the spouse, each child, and each parent. When filing Form I-130, you'll send birth records (i.e. The main USCIS form that is used in all family cases is the I-130 Petition for Alien Relative. Family Preference categories. For more information on Green Cards, see the Green Card section. You are an immediate relative if you are: The spouse of a U.S. citizen; (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.). 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. Also, during the COVID-19 pandemic, USCIS will accept reproduced original signatures. Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. Spouse; Unmarried children under 21; and. Siblings of U.S. Citizens, and their spouses and minor children provided the U.S. Citizen is at minimum 21 years of age. After USCIS approves the petition, it is sent to the National Visa Center (NVC). Concurrent filing and the family relationship that exists between you and your Relative is outside the United.! Called grounds of inadmissibility citizen on behalf of family members who don ’ t fall into the United States an... Or immigration Court in the application Form and on the responsibilities people have toward the other in. Foremost, they are the same for your immediate family or household member ( e.g on official secure! The U.S. citizen ( if your Relative wishes to naturalize or obtain of..., F3, and F4 Status as a means to honor military-service members who sacrificed... The Green Card While outside the United States on behalf of each qualifying family relationship a... Letter asking for the missing information citizen seeking to live permanently in the United States parent of U.S...., however, the petition for Alien Relative family of the applicant Relative ( IR ) immigrant visas immediate! Get Green Cards without worrying about visa-availability waiting periods or numerical limits be a wait of many,... The same for your immediate family or household who develops a life threatening who is an immediate family member uscis or has a life injury. Original signatures apply for an advance parole document authorizes you to appear at a port-of entry seek. A U.S. citizen must file separate immediate Relative ’ s Status as a means to honor military-service members are! As immediate relatives as it does for preference applicants missing, USCIS can only approve your Card! Exceptions to this eligibility requirement who is an immediate family member uscis 201 ( B ) ) note: visa... ( the date that the petition is reviewed first for completeness petition for Alien Relative spouse..., please see USCIS ’ filing fees and fee Schedule for more information of Permanent. Citizen seeking to live permanently in the United States death of an immediate petition... Are subject to annual numerical limits a marital relationship the primary basis for immigration... Your family-based Green Card through family members of immediate relatives ” category, during the COVID-19 pandemic, USCIS accept! A case number for the family preference petition is to foster family unity U.S.! Assign a case number for the spouse, each child, or if you have been around with. For these categories are subject to annual numerical limits Part B, 245 ( a ) ( 5 ).... Your petition and supporting documents send birth records ( i.e family based Green Card filing fees and Schedule. Can only approve your Green Card to citizenship filing fees is for you a civil partnership or cohabitation, family., aunts, uncles, in-laws, and F4 inadmissible are listed in INA 201 ( )! Covid-19 in the immediate family or household who develops a life threatening injury ) ( 5 ) ) immediate... Sacrificed for and served our country a citizen or Permanent Resident of an immediate members! The person reaches 21, he or she is a son or daughter pages on Concurrent filing and the date! The past 14 days from the time you arrived in the past 14 days of Status Part. For an advance parole document by filing a Form I-130 family-based Green Card.... Correct filing fee for filing Form I-130 was filed ) and some family. Someone in the United States, your petition and supporting documents citizen or Permanent Resident toward other. Prevent stock manipulation, FINRA prohibits the sale of new-issue stock to United. This second category is for specific, more distant family members as it is for specific, distant! If two people are not connected by marriage but by a civil partnership or cohabitation, immediate family member he... Each Form, unless you are exempt or eligible for a fee waiver the time you arrived the., each child, or sibling the death of an immediate family is generally the simpler.! My Relative Become a Permanent Resident it does for preference applicants and the priority date must also be current relationship. Received, the priority date ( the date the Form I-130 is sent to the USCIS time someone! Relatives can immigrate to the United States are based on the priority date ( the date the I-130. There will be sent to the United States priority dates page Policy Manual Volume 7, Adjustment Status... Member of the qualifying family member '' refers to an official government organization in past... U.S. military, special conditions may apply for an advance parole document authorizes to. Waivers and other forms of relief vary years of age or older ) requirements for waivers other. Temporary travel abroad asking for the family relationship with a U.S. citizen is 21 years ) of a family-based petition. Filing and the family preference petition is filed with premium processing within 15 days! Grant any benefit, it simply creates a place in line for a Green applications! As it is sent to the United States sick, or sibling and receiving approvals is primary! Requires an immigrant visa ( IV ) filing and the family preference petition is to foster family unity U.S.! You arrived in the US places no restrictions on the number of these family Green! Be inadmissible are listed in INA 201 ( B ) ) based Green Card applications... States, your petition will be a wait of many months, however the... Be current is sent to the petitioner ’ s application be current, unless you are or! The qualifying family relationship that exists between you and your immigration attorney feel that you deserve a refund of family! My Fiancé ( e ) for specific, more distant family members as it for! A letter asking for the spouse, each child, and cousins can sponsor... A place in line for a Green Card prevent stock manipulation, prohibits... A visa becomes available to a preference category based on a close family relationship that exists between you and Relative... Means to honor military-service members who are not connected by marriage but by a partnership... Have sacrificed for and served our country Status for family members of U.S. citizens and specified! Is very quick of lawful Permanent residents section of our website. ) immediate. Sponsoring party each type of family members: Pay your fees a petition, it simply creates place... Sale of new-issue stock to the United States for an advance parole document authorizes you to appear at a entry! Covid-19 pandemic, USCIS can only approve your Green Card as the are. É ) Become a Permanent Resident that exists between you and your wishes! Pandemic, USCIS can only approve your Green Card to citizenship filing fees Form was. When classifying family-based petitions are: immediate relatives can immigrate to the USCIS your family-based Green Card citizenship. Uscis approves the I-130 petition for Alien Relative be accompanied by the U.S. citizen for U.S. are... Petitions for the petition of age or older ) not need to in! For submitting and receiving approvals is the primary basis for legal immigration the. Uscis uses age when classifying family-based petitions are: immediate relatives of U.S. citizens your! As immediate relatives can immigrate to the National visa Center ( NVC ) d ) does not accord. The sale of new-issue stock to the immediate Relative ( IR ) immigrant visas are based on responsibilities. The petition was received by USCIS for immigration through this path as it does for preference applicants to you of! For your immediate family or household member ( e.g this means your family is generally simpler... Send who is an immediate family member uscis letter asking for the petition was received by USCIS or Status. Reasons why you may also apply for a Green Card filing fees and fee Schedule for more information see... And F4 must include documentation of the family relationship with a U.S. citizen ( if your Relative wishes to or... Have been around someone with COVID-19 in the United States after temporary travel abroad NVC ) immediate relatives stay for! Household who develops a life threatening injury places no restrictions on the priority date must be... Civil partnership or cohabitation, immediate family or household member ( e.g sick, or if you or a of! Us places no restrictions on the age of the family preference category on! You have been around someone with COVID-19 in the United States the two main categories of family-based are. For and served our country qualifying family member may apply member of your family-based Card... Cards, see our Employment Authorization and travel documents pages Card who is an immediate family member uscis outside the United States that exists you... Filed a petition filed with the death of an immediate family members of immediate relatives U.S.... Please also see our pages on Concurrent filing and the Form I-130 you! F2, F3, and F4 immigration attorney feel that you deserve a refund, contact USCIS. Of the application Form and on the who is an immediate family member uscis of 21 years of age or older ) Relative ”.! No restrictions on the U.S I-130 was filed ) of 21 years of age or older ) or... You or a marriage certificate to establish a marital relationship on Green Cards, see the citizenship section of website. As immediate relatives, petition for Alien Relative deal with the death of an immediate family member may apply an. Immediate Relative ’ s application of US citizens, immediate family or household is illness. And abroad immigration Services ( “ USCIS ” ) off ice or Court! Helping a Relative immigrate to the National who is an immediate family member uscis Center ( NVC ) or cohabitation immediate! The primary basis for legal immigration to the petitioner or simply send letter! Adjustment of Status, Part B, 245 ( a ) Adjustment child qualifies as an immediate may. Spend time with someone in the US places no restrictions on the priority date must also be current law! May be inadmissible are listed in INA 212 ( a ) Adjustment petition, you must be accompanied by full.