US Family-Based Immigration

US Family Based Green Card

US Family-Based Green Card Immigration

Are you an immediate relative—a spouse, a minor child, an unmarried child, or parent—of a U.S. citizen or green card holder?
Are you a married son or daughter (or a spouse or a minor child of theirs) of a U.S. citizen?
Are you a brother or sister (or a spouse or a minor child of theirs) of a U.S. citizen?

If you answered “Yes” to any of the questions above, this chapter might provide you with the information you need to get sponsored to reside permanently in the U.S.! Under the family-based immigration category, a U.S. citizen or a green card holder may be eligible to sponsor his/her immediate relatives. Such relatives include a spouse, a minor child, unmarried children, and parents. Also, under this category, a U.S. citizen can sponsor married sons/daughters and siblings.

Current U.S. law allocates 480,000 green cards per year to family-based immigrants, with at least 226,000 for family-based preference immigrants. By applying for the proper classification and following the steps, you may be able to obtain one of these green cards.

BASICS OF A Family Based GREEN CARD AND WHAT IT MEANS TO HAVE ONE

A lawful permanent resident, or green card holder, is a foreign citizen allowed to live and work permanently in the U.S. To apply for U.S. citizenship, you need at least five years of permanent residency, or three years if married to a U.S. citizen. If you have a U.S. citizen or lawful permanent resident relative, there are many steps to become a lawful permanent resident based on their status.

Please note: In many, if not all cases, it would be wise to seek the legal counsel of an immigration law attorney, whose expertise will guide you through the often complicated steps required to obtain lawful permanent residency in the U.S. (i.e., a green card).

SPONSORING RELATIVES

A permanent resident can petition his or her spouse and unmarried children, regardless of their age. A permanent resident of the U.S. can sponsor his wife and any unmarried children to come to the U.S. Many people seeking to reunite their family think that they cannot apply for their children over the age of twenty-one.

This is incorrect. As a U.S. permanent resident, you can sponsor your single child over 21 or a divorced child. It’s best to apply for relatives as soon as possible.

This is because it may take a very long time for unmarried sons or daughters to come to the U.S. The Visa Bulletin published by the United States Department of States provides guidelines regarding the approximate time it takes for your relatives to come to the U.S. To review the most recent copy of the Visa Bulletin, please visit www.travel.state.gov.

WHO IS ELIGIBLE TO SPONSOR?

To sponsor your immigration to the U.S., you have to meet the criteria below:

You have to be a citizen or a lawful permanent resident of the U.S. and be able to show documents proving your statuses, such as a U.S. passport, Naturalization certificate, birth certificate, or green card;
You have to file an affidavit of support. You need to show that you can support your relative to live at least 125% above the mandated poverty line.

A U.S. Citizen, you may petition for the following (Note: you have to make sure you can provide proof of your relationships):

Husband or wife
Unmarried sons or daughters under 21 years old
Unmarried sons or daughters of any age
Brothers or sisters, if you are at least 21 years old
Parents, if you are at least 21 years old.

As a lawful permanent resident, you can petition for certain relatives, but you must provide proof of your relationships.

Husband or wife
Unmarried sons or daughters of any age.

RESTRICTIONS FOR FOREIGN NATIONAL APPLICANTS

The U.S. immigration laws prohibit issuing of visas for certain applicants. Visa applicants may be refused if they have communicable diseases like tuberculosis, dangerous disorders, drug addictions, or criminal records. Other reasons include being terrorists, subversives, totalitarian party members, former Nazi war criminals, using illegal entry methods, or being ineligible for citizenship. These are just some of the examples of reasons that a visa will be denied. For more information on ineligibility, please contact an immigration lawyer’s office to determine if you or your relative falls into one of the categories.

USCIS FORMS TO CONSIDER : US Family Based Green Card

I-130: To sponsor a family member living outside the U.S. for a green card, you need to file an I-130 petition. This applies to spouses, parents, children, and siblings.

I-130/I-485: In some cases, you can file Form I-485 to adjust status along with Form I-130 if the family member you want to sponsor is already in the U.S. If your family member is in the U.S. illegally, then you should consider retaining an attorney.

K Visa: The K1 visa is for the fiancées of U.S. citizens, while the K3 visa is for their spouses. K3 visas are for married individuals, and K1 visas are for engaged U.S. citizens applying for a fiancée visa.

V Visa: Some beneficiaries of I-130 filed Dec 21, 2001, may be eligible for the V visa. The recipient can qualify for a V visa in the United States, or he/she may be entitled to obtain a V visa from an overseas Consulate. V visa holders can work in the U.S. and may travel to their home country under certain circumstances.
Battered Spouse Waivers are for spouses seeking permanent residency in the U.S. who have been abused and whose abusive partner will not cooperate with the immigration process.

I-751: This category applies to individuals who receive their green card from their U.S. Citizens or Permanent Resident spouses. If you get a 2-year green card, file I-751 with proof 90 days before expiration to get permanent residency.

Failing to file the I-751 application can lead to losing your green card and possible deportation by U.S. Immigration and Customs Enforcement. If your marriage has ended or your spouse won’t cooperate, you can apply for a waiver to bypass the joint filing requirement. In such instances, you should consider the services of an experienced immigration attorney.

GETTING A US GREEN CARD UNDER THE FAMILY-BASED IMMIGRATION CATEGORY

The first stage of getting a green card begins when the U.S. citizen relative files for a Petition for Alien Relative (I-130). Once the United States Citizenship and Immigration Service (USCIS) has received the application, you will receive a receipt notice. After that, the USCIS will approve the application or deny it, or mail you a request for additional evidence.

The I-130 petition must include proof of relationship, like birth or marriage certificates, and be submitted by the U.S. sponsor to the local USCIS office.

1. Getting Your US Family Based Green Card

When your relative is already in the U.S. legally, then in some cases, you can simultaneously file for adjustment of status for permanent residence for your relative. The procedure begins by filling 139 out and sending in Form I-130, along with the I-485 “adjustment of status” packet. You should be extremely careful when you consider applying for an adjustment of status.

If you are out of status or illegal, your green card may be denied, and you could face deportation (now called Removal Proceedings). However, there are limited exceptions for spouses and children under twenty-one sponsored by U.S. citizens. Please do not apply if you are illegal before consulting with a qualified immigration attorney.

Once you submit the I-130 and adjustment of status packet, USCIS will send you a Request for Further Evidence (RFE) if they need more information.

Follow the instructions in the letter and provide the data it is seeking. USCIS will not process the petition until it receives all the required information. Once you provide everything needed, you will usually receive a notice to attend an interview at the local USCIS office handling your case.

2. GETTING YOUR GREEN CARD OUTSIDE THE UNITED STATES (VISA PROCESSING)

Petitions for immediate family members (for example, a spouse or unmarried children under twenty-one) have immediate priority status. They may take approximately eight months to a year to get processed. For other relatives, it may take several years to obtain permanent U.S. residence.

After the I-130 petition is approved, your relative’s case will go to the National Visa Center. You will need to provide information about your relative and submit an affidavit of support. The purpose of the affidavit of support for the Immigration Services is to ensure that you will be able to provide financial assistance to your relatives once they come to the U.S. Explaining the requirements for the affidavit of support is beyond the scope of this chapter.

Therefore you should consult a qualified immigration attorney. After the National Visa Center reviews and accepts all your documents and fees, it will forward your petition to the appropriate U.S. Consulate for your foreign relative’s residence. After that, the Consulate will notify you or your relative for an interview for permanent residence accordingly. An immigrant visa is valid for six months from the date it is issued.

For immediate family members (husband, wife, mother, father, unmarried minor child) of U.S. citizens:

Immediate relatives do not have to wait for a long time. When USCIS approves the petition, they will issue a visa number right away. Then, they will transfer the petition to the National Visa Center and finally to the Consulate. The average time for processing cases for immediate relatives is approximately one year;
It is suggested that you get a medical exam and certain vaccinations before you go to the interview. Ask your local U.S. Consulate for the requirements.

For non-immediate relatives:

Non-immediate relatives, immediate relatives and sisters of U.S. citizens, married sons and daughters of U.S. citizens, unmarried sons and daughters of permanent residents and U.S. citizens, and unmarried sons and daughters over the age of twenty-one of U.S. citizens and permanent residents. There is a limited yearly amount of immigrant visas issued to alien relatives.

The Department of State has to determine if an immigrant visa is available. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. Check the status of a visa number in the Department of State’s Visa Bulletin.

USCIS processes visas in the order that they receive properly filed petitions. A properly filed petition is fully completed, includes the fee, and has all the necessary supplemental documents.

HOW LONG WILL IT TAKE?

For non-immediate relatives, it may take several years from the time USCIS approves the petition until the visa number is available. Also, the State Department limits visa numbers for different countries. So, if your country has a long list of people waiting for immigrant visas, it will be a long delay before you get a visa number. You can check with the U.S. Department of State to get a report on the dates when the immigrant visas are available. Visit www.travel.state.gov or call at (202) 663-1225.

VISA NUMBER ISSUANCE PREFERENCE

The non-immediate relatives must wait for a visa to become available according to the following preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older;
Second Preference: Spouses of lawful permanent residents, and the unmarried sons and daughters (regardless of age) of legal permanent residents and their children;
Third Preference: Married sons and daughters of U.S. citizens, their spouses, and their minor children;
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses, and their minor children.

DO I HAVE TO APPLY FOR AN IMMIGRANT VISA NUMBER?

No. When USCIS approves your visa petition, they will send it to the Department of State’s National Visa Center. It will stay until an immigrant visa number is available. You will be notified when the Center receives your approved petition and when the visa number becomes available.
Contact the National Visa Center only if your address changed or your situation changed and may affect your immigrant visa eligibility.

APPLYING FOR AN IMMIGRANT VISA

THE APPLICANT IS IN HIS/HER HOME COUNTRY:

When the immigrant visa number becomes available to you, you should go to the U.S. Consulate where you live to complete the processing. Schedule your immigrant visa interview, complete the medical and fingerprint requirements, get your visa stamped, and wait for your green card.

IF THE APPLICANT IS ALREADY IN THE U.S. LEGALLY:

If you are already in the U.S., you can apply to change your status to lawful permanent resident once a visa number is available.

Our immigration law offices in New York provide assistance, counsel, and legal services regarding the documentation requirements to obtain us family based green card to a lawful permanent resident. We also assist individuals in preparing and submitting the paperwork. Additionally, we prepare individuals for any required interviews.

Mr. Gehi personally accompanies individuals for the interview before the United States Citizenship and Immigration Services. Mr. Gehi has represented his clients in interviews with the INS in New York, New Jersey, Pennsylvania, and Connecticut. He has been highly successful in resolving complex us green card family-based immigration cases. If you intend to have Mr. Gehi or his law firm represent you at the interview, contact Gehi & Associates.