Family-Sponsored Permanent Residence
Much like the employment-based permanent residency process, the Immigrant Visa process through family members is divided into Family-Based (FB) categories based on the relationship between the US Citizen or Permanent Resident Sponsor and the foreign national beneficiary. The FB categories are important because there is a limited number of green cards issued each year per FB category. These FB categories are further divided by certain countries (India, China, the Philippines, Mexico and the “catch-all” country category).
Each month the State Department publishes a Visa Bulletin with the status of green card issuance for each category. Each category lists the “Priority Date” that is current for that month. The Priority Date is the date assigned to a green card case – in Family-Based petitions this is the filing date of the I-130 petition. The Priority Date establishes a foreign nationals place in line in the green card issuance process. If the filing date is on or before the date listed on the Visa Bulletin, the process can move forward with the green card process. If the filing date is later than the listed date on the Visa Bulletin, the foreign national will stop at the filing of the I-130. See current State Department Visa Bulletin.
The immediate relatives of US 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 USCIS. Immediate relatives of US Citizens physically present in the United States may file concurrently the I-130 petition and Ajdustment of Status application (I-485). If they are outside of the United States, the case will proceed for Consular Processing.
The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
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First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
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Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
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Third Preference: Married sons and daughters of U.S. Citizens.
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Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Filing Process
As mentioned above if the Family-Based category, under which the immigrant visa petition (I-130) is file, is current the I-130 petition will be adjudicated by USCIS and once approved the immigrant visa petition will proceed to the interview stage. If the foreign national beneficiary is physically outside of the United States, the interview will take place at the US embassy or consulate in the beneficiary's home country. Once the I-130 approved, the USCIS notifies the person who filed the visa petition of the petition was approved and it will 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. If the foreign national beneficiary is physically in the US at the time of filing the I-130, the beneficiary may also file for an Adjustment of Status to Permanent Residence in the United States. This allows for the interview process to occur in the United States. Throughout the process it is critical to keep USCIS and the National Visa Center appraised of any change of personal address or change in one's personal situation, or that of the sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
Frequently Asked Questions
1. How do I get my spouse or children derivative asylum status in the United States?
2. How do I bring my spouse (husband or wife) to live in the United States?
3. How do I remove the conditions on permanent residence based on marriage?
4. How do I bring my child, son or daughter to live in the United States?
5. How do I prevent my child from losing benefits at age 21 ("Aging Out")?
6. What are the petitioning procedures for bringing a child, son, or daughter to live in the United States?
7. What are the petitioning procedures for bringing a parent to live in the United States?
8. How do I bring my parents (mother or father) to live in the United States?
9. What are the petitioning procedures for bringing a spouse (husband or wife) to live in the United States?
10. What are the petitioning Procedures for bringing a sibling (brother or sister) to live in the United States?
11. How do I bring a sibling (brother or sister) to live in the United States?
