The United States citizen may file a family petition using the Form I-130 for the following relatives:

  • Spouse
  • Children (unmarried and under 21)
  • Sons and daughters (married and/or 21 or over)
  • Parents, if you are 21 or over
  • Siblings, if you are 21 or over


Immediate Relatives

The spouses, children (unmarried and under 21) and parents  of U.S. citizens are considered immediate relatives. Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can filed the form I-485 at the same time as Form I-130.


Other Family Members

Also known as preference categories, it applies to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:


  • First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
  • Third Preference: Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens





*The information contained herein is intended for general informational purposes only. It is not intended for legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Government processing times may change at any time. For current USCIS processing times contact USCIS directly.

lets keep your family together. IMMIGRATION SOLUTIONS.

FAMILY OF LAWFUL PERMANENT RESIDENTS

Process

Permanent residents of the United States, also know as green card holders may petition for certain family members to immigrate to the United States as permanent residents:

  • Spouse (husband or wife)
  • Unmarried children under 21
  • Unmarried son or daughter of any age


When a lawful permanent resident petitions for a relative, the following preference categories apply:


  • Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents
  • Second Preference (2B): Unmarried adult sons and daughters of permanent residents


A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed).

LAW OFFICE OF JIMENA G. CABRERA
SPECIALIZING EXCLUSIVELY IN IMMIGRATION LAW
EB-5 INVESTOR REPRESENTATION

The process for a family member to receive the status of permanent resident (Green Card), begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, known as Form I-485, Application to Register Permanent Residence or Adjust Status.


  • If your relative is already in the United States, they may apply to adjust status to become a lawful permanent resident after a visa number becomes available using Form I-485.
  • If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “consular processing.”
  • Your family member’s preference category will determine how long they will have to wait for an immigrant visa number.

FAMILY of a united states citizen

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