Family Relations
(Permanent Residence in the USA)
If a qualifying family relationship exists, the applicant will fall under one of two main categories:
Immediate relatives
Other close family members.
Immediate relatives of US citizens are allowed to immigrate to the US in unlimited numbers.
Other close family members of citizens and permanent residents are also allowed to immigrate but are subject to annual numerical limitations.
Who Can Apply?You must be an Immediate relative of U.S. citizens or lawful permanent residents including:
Spouses of U.S. citizens
Unmarried children under age of 21
Parents of U.S. citizens over the age of 21
This also includes a widow or widower, provided he or she was married to the U.S. Citizen or permanent resident for at least two years prior to the person's death and was not legally separated at the time of death. Or you must be a relative falling in of one of these four Preference Relatives categories as follows:
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, their unmarried children (under 21), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. citizens.
Fourth Preference: Brothers and sisters of adult U.S. citizens.
In addition, the U.S. citizen or lawful permanent resident who is sponsoring you, must be willing to sponsor you.
Note: If you are a lawful permanent resident (Green Card Holder) you may only petition for the following foreign national relatives to immigrate permanently to the United States: (a)Husband or Wife, or (b)Unmarried son or Daughters of any age.
How do I Apply?There are 2 general steps in the application process for lawful permanent residence. The first step is initiated by your sponsoring relative and the second step by you. The application procedures may be carried out either within the U.S. at an INS office or abroad at the U.S. consulate of your country of residence.
The first step involves applying for a visa petition (I-130 Petition for Alien Relative). This petition is filed by your sponsoring relative. It will prove your relationship to your relative as well as their status as a U.S. citizen or permanent resident.
If the Petition is approved, you will now file a formal application for lawful permanent residency or a green card (Form I-485 and supporting documents).
If the Petition is denied, you will can file a Motion to Reopen and submit new evidence or make corrections or you can enter a more formal appeal process.
