Relatives for Whom You (U.S. Citizen) May Petition and Related Benefits and Required Forms
If you or a member of your family is in the U.S. military special conditions may apply. See the “Information for Members of the Military and their Families” link to the right. For more information on fiancé(e) visas and K-3/K-4 nonimmigrant visas, see the corresponding links to the left under "Family of U.S. Citizens". If you would like information on citizenship or adoption, see the corresponding links to the right.
Application Process: Green Card (Permanent Residence)
To petition for a family member to receive a green card (permanent residence), you must submit with your Form I-130, petition for alien relative:
· Proof of your U.S. citizenship
· Evidence of the qualifying relationship (birth certificate, marriage certificate, divorce decree, etc.)
· Proof of any legal name change for you or the beneficiary
Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents. See the “Widow(er)” link to the right.
Immediate Relatives
The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:
· Spouses of U.S. citizens
· Children (unmarried and under 21) of U.S. citizens
· Parents of U.S. citizens (The petitioning citizen must be 21 or older.)
For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485 at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a green card) while he or she is in the United States, see the “Green Card” link to the right.
Preference Categories
Preference categories include family relationships that are not immediate relatives and have annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). The following are preference categories:
· First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
· 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
· Third Preference: Married sons and daughters (any age) of U.S. citizens
· Fourth Preference: Brothers and sisters of adult U.S. citizens
For current wait times, see the “Visa Bulletin” and “Processing Times” links to the right. For more information on priority dates, see the “Visa Availability and Priority Dates” to the right. For more specific information on how to help individual members of your family, see the corresponding link under “Family of U.S. Citizens” to the left.
What Happens Next?
· If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (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 he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “My Case Status”, in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.
For more information on becoming a green card holder, see the “Adjustment of Status” (for processing within the United States) and “Consular Processing” (for processing overseas) links to the right. For more information on green cards, see the “Green Card” link to the right.
NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.