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If you want to become a lawful permanent
resident based on the fact that you have a relative who is a
citizen of the United States or a relative who is a lawful
permanent resident, you must go through a multi-step process.
- First, the INS must approve an immigrant
visa petition,
I-130 Petition for Alien Relative 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
United States. 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. You can check the status
of a visa number in the Department of State's
Visa Bulletin.
- Third, if you are already in the United
States, you may apply to change your status to that of a lawful
permanent resident after a visa number becomes available for
you. This is one way you can apply to secure an immigrant visa
number. Click here for
application procedures for becoming a lawful permanent resident
while in the United States. If you are outside the United
States when an immigrant visa number becomes available for you,
you must then go to the U.S.
consulate servicing the area in which you reside to complete
your processing. This is the other way in which you can apply to
secure an immigrant visa number.
- Note: Information concerning the
new K (advance admission for the spouse and children of a
U.S. citizen) and
new V (advance admission for the spouse and the minor
children of a lawful permanent resident) nonimmigrant categories
is available but not yet incorporated here. For updates on the
Legal Immigration Family Equity (LIFE) Act, please click
here.
Eligibility
To be eligible to sponsor a relative to immigrate to the United
States you must meet the following criteria:
- You must be a citizen or a lawful
permanent resident of the United States and be able to provide
documentation proving your status.
- You must prove that you can support your
relative at 125% above the mandated poverty line. Click here to
find out more information about meeting this criteria and
filing the Affidavit of Support.
- If you are a US Citizen you may petition
for the following foreign national relatives to immigrate to the
United States; however you must be able to provide proof of the
relationships:
- 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 United States; however you must be able to
provide proof of the relationships:
- 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 United
States citizen or a lawful permanent resident of the United
States who can provide documentation proving their status and is
willing to sponsor you for lawful permanent residency by filing
the
I-130, Petition for Alien Relative.
- 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. Click here to find out more
information about meeting this criteria and
filing the Affidavit of Support.
- If your relative is a US Citizen and they
can legally prove you share one of the following relationships,
you may be eligible for lawful permanent residency, please see
below for
preference category information.
- 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.
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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 U.S. citizens, which includes parents, spouses and unmarried
children under the age of 21, do not have to wait for an immigrant
visa number to become available once the visa petition filed for
them is approved by the INS. An immigrant visa number will be
immediately available for immediate relatives of U.S. citizens.
Click here for
information on obtaining an immigrant visa number if you are
an immediate relative of a U.S. citizen. The relatives in the
remaining categories must wait for an immigrant visa number 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, their unmarried children (under
twenty-one), 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.
Once INS receives your visa petition,
I-130, Petition for Alien Relative, it will be approved or
denied. INS will notify the person who filed the visa petition if
the visa petition is approved. INS will then send the approved
visa petition to the Department of State's National Visa Center,
where it will remain until an immigrant visa number is available.
The Center will notify you, the foreign national, when the visa
petition is received and again when an immigrant visa number is
available. You do not need to contact the National Visa Center,
unless you change your address or there is a change in your
personal situation, or that of your alien relative, that may
affect eligibility for an immigrant visa, such as reaching age 21,
marriage, divorce, or death of a spouse.
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Visa Information
The Department of State is responsible for providing visa numbers
to foreign nationals interested in immigrating to the United
States. To find out more about the Department of State's visa
process visit the
Department of State or click here for specific information on
how to get an immigrant visa number.
To check the status of a visa number you can review the
Department of States Visa bulletin.
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How Do I?
Choose one of the following to obtain information on sponsoring a
foreign national relative for family based lawful permanent
residency:
Click here for general information on
application procedures for foreign nationals, residing in the
United States.
If you are outside of the United States and need information
regarding immigrating to the United States contact your local
consulate office.
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Where do I apply
If you are applying for lawful permanent residence from inside the
borders of the United States, click to
help you find the INS field office(s) serving your area.
If you are applying for lawful permanent residence outside the
United States contact the
consulate office serving the area in which you live for
application filing instructions.
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FAQs
Additional information related to Lawful Permanent Residence that
you might need to review.
Other helpful sites to visit if you:
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For more information on immigration options for families, send
your request to
immigration@bkrlaw.com
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