Family Members of a U.S. Citizen
Immediate Relative of a U.S. Citizen
Spouses, unmarried children under 21, and parents of U.S. citizens are eligible immediate relatives. Petitions for immediate relative generally have the highest priority. The process of application is different based on whether the relative is inside the United States or outside the United States.
If the relative is inside the U.S., he or she can submit a Form I-485, Application to Register Permanent Residence or Adjust Status. At the same time, his or her U.S. citizen relative petitioner can file a Form I-130, Petition for Alien Relative. This gives the immediate relative the opportunity to become a permanent resident in one step.
Another approach is a two-step process. First, U.S. citizen relative files a Form I-130 for you. So long as the Form I-130 has not been denied, the immediate relative can submit a Form I-485 along with a copy of Form I-797 or the I-130 receipt, to show that the I-130 is received or pending.
If the immediate relative is outside the United States, then he or she must go through consular processing to become a permanent resident. Consular processing is when the USCIS works with the Department of State to issue a visa on an approved I-130 petition when a visa is available. The immediate relative can then travel to the United States on the approved visa and will officially become a permanent resident when admitted at a U.S. port of entry. The Consular Processing is basically that the Department of State will notify the immediate relative when he or she is eligible to apply for an immigrant visa. He or she must apply for an immigrant visa within a year following the notification; otherwise the petition may be terminated.
Spouses, unmarried children under 21, and parents of U.S. citizens are eligible immediate relatives. Petitions for immediate relative generally have the highest priority. The process of application is different based on whether the relative is inside the United States or outside the United States.
If the relative is inside the U.S., he or she can submit a Form I-485, Application to Register Permanent Residence or Adjust Status. At the same time, his or her U.S. citizen relative petitioner can file a Form I-130, Petition for Alien Relative. This gives the immediate relative the opportunity to become a permanent resident in one step.
Another approach is a two-step process. First, U.S. citizen relative files a Form I-130 for you. So long as the Form I-130 has not been denied, the immediate relative can submit a Form I-485 along with a copy of Form I-797 or the I-130 receipt, to show that the I-130 is received or pending.
If the immediate relative is outside the United States, then he or she must go through consular processing to become a permanent resident. Consular processing is when the USCIS works with the Department of State to issue a visa on an approved I-130 petition when a visa is available. The immediate relative can then travel to the United States on the approved visa and will officially become a permanent resident when admitted at a U.S. port of entry. The Consular Processing is basically that the Department of State will notify the immediate relative when he or she is eligible to apply for an immigrant visa. He or she must apply for an immigrant visa within a year following the notification; otherwise the petition may be terminated.
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Other family members of a US Citizen;
For the relatives that do not quality as immediate relatives of a U.S. citizen, they may qualify under a family preference category. Such relatives are unmarried sons of daughters over the age of 21; married child or children of any age; brothers and sisters of a U.S. citizen that is over 21. There are annual limits on member of relatives that can immigrate under each category. So, there is generally a waiting period before an immigrant visa number becomes available. For a relative that is currently inside the United States, there is a two-step process for him or her to become a permanent resident. First, the U.S. citizen relative files Form I-130 for the foreign relative and it must be approved. Then the foreign relative must wait for his or her priority date under the visa category to become current. Priority date is the date when the Form I-130 is properly and accurately filed. Second, when the priority date becomes current, the foreign relative can then file for Adjustment of Status (Form I-485). If the foreign relative is outside the United States, he or she may become a permanent resident through consular processing, which is explained under immediate relative above. |
Relevant Areas
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Family Members of a Permanent Resident
Some family members of a permanent resident of the United States may apply for a green card. The process and procedures are based on the classification and preference of the visa category. For more details, please visit "Family Members of Permanent Resident."