Family-Based Visa
Overview
A lawful permanent
resident is a foreign national who has been granted the privilege of permanently
living and working in the
First , the USCIS must approve an immigrant visa petition for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
Second
, the Department of State
must determine if an immigrant visa number is immediately available to you, the
foreign national, even if you are already in the
Third
, if you are already
in the
* Note: Information
concerning the new
K
(advance admission for the spouse and children of a
Eligibility
To be eligible to sponsor
a relative to immigrate to the
- You must be a citizen
or a lawful permanent resident of the
- You must prove that you can support your relative at 125% above the mandated poverty line.
- If you are a
US Citizen
you may petition for the following foreign national relatives to immigrate to the
- Husband or wife;
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister, if you are at least 21 years old; or
- Parent, if you are at least 21 years old.
If you are a lawful
permanent resident you may petition for the following foreign national relatives
to immigrate to the
- Husband or wife;
or
- Unmarried son or daughter of any age.
To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:
- You must have a relative
who is a
- Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members.
- If your relative
is a
- Husband or wife;
- child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister if you are at least 21 years old; or
- Parents if you are at least 21 years old.
If your relative is a lawful permanent resident and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence, please see below for preference category information:
- Husband or wife;
or
- Unmarried son or daughter of any age.
Immediate Relatives:
The spouse, parents
and unmarried children under age 21 of a
Preference Categories
The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.
People who want to
become immigrants are classified into categories based on a preference system. The
immediate relatives of
First Preference:
Unmarried, adult sons
and daughters of
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference:
Married sons and daughters
of
Fourth Preference:
Brothers and sisters
of adult
Once USCIS receives
your visa petition, it will be approved or denied. USCIS will notify the person
who filed the visa petition if the visa petition is approved. USCIS will then send
the approved visa petition to the Department of State's
How Do I File a Petition for my Family Member?
Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the Adjustment of Status or consular processing stage, until the principal applicant and family members receive the Green Card .
How Can I Check the Status of My Application?
Click on the menu button to the left, labeled" Check Case Status " and enter your file number.