Immigration
Law > Family-Based
Immigrant
Relative
Petition
There are two categories for unlimited family-based immigration:
1. Immediate Relatives of U.S. Citizens (IR): A spouse, widow
or unmarried child under the age or 21 of a U.S. citizen. This category
also includes parents of adult U.S. citizens 2. Returning Residents
(SB): Immigrants who previously lived in the U.S. under lawful permanent resident
status. These individuals should be returning to live in the U.S. after being
abroad for more than one year.
There are four preference categories for limited family-based immigration:
1. First Preference: Unmarried children over the age of 21 of U.S.
citizens. 2. Second Preference: Spouses of lawful permanent residents,
their unmarried children under the age of 21, and unmarried children under
the age of 21 of lawful permanent residents. 3. Third Preference: Married
children of U.S. citizens. 4. Fourth Preference: Siblings of adult U.S.
citizens.
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. When a number becomes available,
you may apply for assignment of that number. Please contact our office to set
up an appointment to discuss your specific situation.
Adjustment
of Status Application
The I-130 petition provides the basis for the relatives application for adjustment
of status (AOS) to permanent residence. The applicant, along with his/her dependents,
can file his or her I-485 application with the I-130 if they are an immediate
relative or as long as his or her "priority date" is current, "Priority
dates" are the queuing system for cases under an immigrant quota. At
present, certain foreign nationals petitioning under family-based categories
are required to wait for their priority dates to become current in order to
submit their AOS applications. The US Department of State issues a monthly
visa bulletin that indicates which countries and categories fall under these
limitations, which can be found at http://travel.state.gov/visa/frvi_bulletin.html.
A 'C' on the charts in the middle of the bulletin means that the category
is "current" and there is no need for applicants born in that country
to wait to file an AOS application. If a date is indicated, a person born in
that country (with certain exceptions) must wait to file the AOS application
if his or her priority date is not current (i.e. his or her labor certification
was filed after that date).
Along with the AOS application, Wincorn will also file requests for travel
permission (advance parole) and employment authorization for the employee and
dependents. Once the advance parole application is approved, the employee and
dependents will be able to travel outside the United States even if they do
not have valid nonimmigrant status. Once the employment authorization document
(EAD) is approved, the employee's dependents will be authorized to work in
the United States. With the approval of the AOS application, the employee and
dependents become U.S. permanent residents and green cards are issued to them
through the mail.
Removal
of Conditions on Permanent Residence
An Immediate Relative who obtains his/her permanent residence through marriage
when the marriage has been in place for less than 2 years will receive Conditional
Permanent Residence. The conditions will expire 2 years after permanent
residence is granted and a petition must be filed no more
than 90 days before the expiration of the conditions, but before the date of
expiration.
Non-Immigrant visas for family members
K
Visas
- K-1 Fiancé (e) and K-2 Minor child of K-1
Individuals interested in entering the United States to marry an American
citizen, and reside in the U.S. should apply for a K-1 Visa. The K-1 Visa enables
you to apply for conditional permanent resident status.
Children of spouses who qualify for this status will be classified as K2.
In order to obtain K2 classification, the candidate must establish that he/she
is the child of an alien entitled to K1 classification.
- K-3 Spouse of a U.S. Citizen (LIFE Act) and K-4 Minor child
of K-3
The new K visas are open to spouses of U.S. citizens who are the beneficiaries
of an immigrant visa petition (I-130). The spouses' unmarried children under
the age of 21 are also eligible.
Children of spouses who qualify for this status will be classified as K4.
In order to obtain K4 classification, the candidate must establish that he/she
is the child of an alien entitled to K3 classification. If the marriage of
the beneficiary to the U.S. citizen took place abroad, the visa must be issued
in the country where the marriage took place. If the country does not have
a consular post, the beneficiary must apply at the consular post designated
by the Deputy Assistant Secretary of State for Visa Services to accept immigrant
visa applications from nationals of that country. If the marriage took place
in the U.S. the applications must be filed in the country of residence of the
alien spouse.
Documents
Because the K3 and K4 Visas function as substitutes for immigrant visas, much
of the process is similar to that of obtaining an immigrant visa. Applicants
may be asked to provide local documents establishing family relations and,
in some cases, testimonials to establish the truth of these relationships.
Applicants may also be asked to present evidence to establish that their health
and criminal backgrounds
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