To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. At the top of the list is the priority date of the first person who otherwise qualifies for a visa number but can't get one (the "cut-off" date). 2. The distinction is important as the USCIS uses age when classifying family-based petitions. The U.S. sponsor may wonder whether they can add the child to the petition after approval, or whether they need to file a new petition. Citizenship and Immigration Services (USCIS). This is especially likely when the foreign national faces a long wait before applying for a visa. In this petition, they must prove the legitimacy of their relationship and that they meet income requirements. In order to help a family member immigrate, you must be a: If you or a member of your family is in the U.S. military, see the Military section of our website. There is no minimum age to sponsor all other categories. How Do I Help My Fiance(é) Become a Permanent Resident? This section of the website explains how you may petition for relatives (or future relatives such as a fiancé(e) or a prospective adopted child) to immigrate to the United States. Determining whether your child can take advantage of the CSPA as the beneficiary of a family-based preference petition is a bit more complicated than the process described above for immediate relatives. To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. At the same time, the USCIS may also allow the petition to continue by approving a request for humanitarian reinstatement. View your case history and upcoming case activities, . For more information on Green Cards, see the Green Card section. How Do I Help My Relative Become a Permanent Resident? As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Citizenship and Immigration Services (USCIS) may want to check them by issuing an RFE (Request For Evidence). Revalidating a petition. Also, sign up for Case Status Online to: . 3. 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. Once you have filed a petition, you can check its progress the. 1-Jun 30, 2020) (PDF, 167.7 KB) November 16, 2020 Contains performance data on all application and petition form types submitted to USCIS for adjudication. For more information on who qualifies, see Derivative Immigration Status For Family Members of Immigrating Aliens. Once no more visa numbers are available for a given year, a wait list develops. U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green … US citizens or permanent residents file a Petition for Alien Relative Form I-130 to help a family member immigrate to the United States. This is a case-by-case review and we do not … The processing time for the I-130 petition depends on the USCIS office that you send your petition to, the family relationship between you and the beneficiary and also if you are sponsoring your spouse, on whether your spouse is physically present in the U.S. or abroad. A .gov website belongs to an official government organization in the United States. This section of the website explains how you may petition for relatives (or future relatives such as a fiancé(e) or a prospective adopted child) to immigrate to the United States. NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. Always check the USCIS Web page for Form I-130 to confirm the fee before you file. Your status determines which relatives (or future relatives) may be eligible to receive immigration benefits. After you send your family-based adjustment of status application packet to U.S. Green Card holders (permanent residents) ma Bringing Parents to Live in the United States as Permanent Residents | USCIS If you or a member of your family is in the U.S. military, special conditions may apply. The LRP must prove the family relationship is real. Preference categories apply to family members who are not immediate relatives. To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. Visas are always available for immediate relatives of U.S. citizens. For more information on priority dates, see the Visa Availability and Priority Dates page. I-485, Application to Register Permanent Residence or Adjust Status, Green Card for a Family Member of a U.S. Citizen, Green Card for Immediate Relative of a U.S. Citizen, A fiancé(e) residing outside the United States and children of fiancé(e) under 21, Children of spouse (unmarried and under 21), Children (unmarried and under 21) of U.S. citizens, Parents of U.S. citizens (The petitioning citizen must be 21 or older.). The two main categories of family-based petitions are: Immediate relatives of US citizens. Citizenship and Immigration Services (USCIS), the agency will eventually schedule you for an in-person interview. The visas allotted for these categories are subject to annual numerical limits. Using this petition, a U.S. citizen or permanent resident can file to establish a familial relationship with a non-U.S. citizen, and thus indicate an intention to help that person immigrate to the United States. These processing times, which combine data from all USCIS offices, are based on the length of time that an office's application/petition receipts have been awaiting adjudication (pending). Receive automatic case status updates by email or text message, . Retain all originals, because the U.S. 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. If you and your immigration attorney feel that you deserve a refund, contact the USCIS. This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship. This means your family member does not need to wait in line for a visa. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing. The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485. In the best of times, that interview can take months to schedule. Check the status of multiple cases and inquiries that you may have submitted to USCIS (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.). U.S. On January 9, 2012, US Citizenship and Immigration Services (USCIS) published a proposed rule for comment that would allow certain persons with approved family-based immigrant visa petitions to seek waivers in the United States for time they have spent in unlawful status, rather than having to apply for waivers overseas. Family-Based Green Card to Citizenship Filing Fees The I-130 petition establishes a qualifying relationship and is a request for a visa number. Family-based immigrant petitions are filed usingForm I-130. To help you build a strong spouse or fiance petition, you should consider using an affidavit letter for USCIS. There may be extraordinary circumstances that could also warrant a refund of your family-based green card filing fees. You have two options for filing your Form I-130 petition with USCIS: • Online; or • By mail (paper). This is the first step in the family immigration system to help this relative get a green card. To petition to bring your sibling (brother or sister) to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years of age. To begin the sponsorship process, the U.S. Lawful Permanent Resident family member will need to mail a visa petition on USCIS Form I-130, along with accompanying documents, to U.S. This form establishes the family relationship that exists between you and your relative. Official websites use .gov Citizenship and Immigration Services (USCIS) has issued an alert on delays in processing receipt notices due to the surges in petition filings at lockbox facilities because of the COVID-19 pandemic and the agency's "flexibility" in response. Step 2: USCIS … For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS. All other categories have no age minimum. Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Family of Green Card Holders (Permanent Residents), Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years, National Visa Center: General Information, National Visa Center: After Petition Is Approved. The notice formally published on Dec. 28, and USCIS will accept public comments for 60 days. Citizenship and Immigration Service (USCIS) at the end of December. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. This interview take place at one of its local offices, hopefully near where you live. This form establishes the family relationship that exists between you and your relative. The family-based immigration process generally begins with the U.S. citizen or permanent resident sponsor filing Form I-130, Petition for Alien Relative. (Guide for U.S. Citizens), Form I-485, Application to Register Permanent Residence or Adjust Status. If USCIS rejects your I-130 petition, you need to … Categories of Family-Based Immigrant Visa Petitions. All USCIS Application and Petition Form Types (Fiscal Year 2020, 3rd Quarter, Apr. I-130 Petition-Filing Locations for Family-Based Green Card Make a photocopy of the entire package (including checks) before you send the petition. To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. See the Military section of the website. You will need to know the priority date of the immigrant petition and when this priority date became current. Citizenship and Immigration Services (USCIS). Telling USCIS that you are canceling your petition because you can no longer meet the Form I-864 support requirement or because your relationship with the foreign national has deteriorated should not adversely affect any future petitions that you file for foreign family members. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How Do I Help My Relative Become a Permanent Resident? Official websites use .gov Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Form I-129F, Petition for Alien Fiancé(e). How Do I Help My Fiancé(e) Become a Permanent Resident? Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. Once the person reaches 21, he or she is a son or daughter. Must maintain the U.S. as your primary residence. If you are a U.S. citizen, you can file a petition for your foreign-born spouse and, under certain situations, the children of your spouse. This modest, procedural change will shorten […] If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). Basic Steps in Filing a Petition for an Immigrant Visa through Family. Form I-130, Petition for Alien Relative, is the first step in obtaining family-based permanent residence (green card) in the United States. In US immigration, a child is an individual who is less than 21 and unmarried. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. Are you a real person, or a robot? File the petition Form I-130, Petition For Alien Relative with the Department of Homeland Security USCIS; Ensure the U.S. Citizen filing the petition is at least 21 years old if filing for siblings or parents. The I-130 petition filing fee is subject to change, as USCIS raises its fees on a fairly regular basis and has proposed doing so in 2020. Before someone can petition for their family member(s), the petitioner must meet a few requirements, which are: 1. The “priority date” of a family-based immigrant petition is the date that the petition was received by USCIS. How Can I Help a Family Member Immigrate? We've detected an unusually high number of searches coming from your location. To petition for your spouse’s children, they must be unmarried, under 21 years old, and have been under the age of 18 at the time of your marriage to your spouse. Your status determines which relatives (or future relatives) may be eligible to receive immigration benefits. The NVC assigns your USCIS-approved petition a "priority date," which is the date of receipt for the application. (PDF, 688.27 KB) guide. A U.S. citizen or lawful permanent resident may file Form I-130 to establish a qualifying relationship with the beneficiary (intending immigrant). Must be a U.S. Citizen or a lawful permanent resident. When you filed Form I-130, you s… Advocates for the Haitian community in Everett are denouncing a potential end to the Haitian Family Reunification Parole program that was announced by the U.S. A .gov website belongs to an official government organization in the United States. The sponsoring relative, who must be over the age of 18 (in some cases 21) and reside in the U.S., is first required to file a petition for his or her family member(s) with U.S. Family Preference categories. You may petition for the following family members: Spouse (husband or wife) Unmarried children under 21; Unmarried son or daughter of any age Preference categories are grouped as follows: For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. For more information on becoming a Green Card holder, see the Adjustment of Status for processing within the United States and Consular Processing page for processing overseas. Share sensitive information only on official, secure websites. Under US immigration law, the US Immigration and Citizenship Services (or USCIS) will cancel a family-based petition in case of a sponsor’s death. You can ask a family member, friend or pastor to write it. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The filing location for your Form I-130 depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”). The USCIS did not process a petition filed with premium processing within 15 calendar days. This is discussed below. Military spouses who are on their active-duty spouse’s Permanent Change of Station (PCS) orders must contact the Military Help Line at 877-CIS-4MIL (877-247-4645, TTY: 800-877-8339) or militaryinfo@uscis.dhs.gov to let the team know they are moving according to military orders and, therefore, are requesting expedited processing. Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Family of Green Card Holders (Permanent Residents), How Do I Help My Relative Become a Permanent Resident? 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