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Familybased Immigration

Family-based Immigration

Permanent immigration in the U.S. comes with a variety of rights and privileges. One method to obtaining lawful permanent residency is through a relative who is either a citizen of the US or a lawful permanent resident.

Steps

Immediate Relatives of US Citizens (IR): A spouse, widow or unmarried child under the age or 21 of a US citizen. This category also includes parents of adult US citizens. These types of cases can be processed in the United States or abroad and have the advantage of not having lengthy waiting periods.

There are four preference categories for limited family-based immigration:

  1. First Preference: Unmarried children over the age of 21 of US citizens.
  2. Second Preference: 2A—Spouses of lawful permanent residents, their unmarried children under the age of 21, and 2B—Unmarried sons and daughters of permanent residents who are 21 and older.
  3. Third Preference: Married children of US citizens.
  4. Fourth Preference: Siblings of adult US citizens.

For an application through either the IR category or one of the preference catagories, your relative should first submit an immigrant visa petition, I-130 Petition for Alien Relative. This form should be accompanied by proof of your relationship to your relative.

Upon approval of this petition, the Department of State will determine if an immigrant visa number is available for you. Immigrant visas are always available for persons in the IR category.When a number becomes available, you may apply for an immigrant visa if you are abroad. If you are in the US, you may be able to file an Application to Register Permanent Resident or Adjust Status (Form I-485).

Documents

In order to sponsor a relative for lawful permanent residency, you must prove the following:

  • You are a citizen or a lawful permanent resident of the US
  • You can support your relative at 125% above the mandated poverty line.
  • You must also show proof of your relationship with your relative.
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