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Immigration
An immigrant (also called a "lawful permanent resident") is a foreign national who has been granted the privilege of permanently living and working in the United States. 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:
- You must be eligible for lawful permanent residence based on a family relationship.
- The U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition, Form 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.
- The Department of State must determine if an immigrant visa number is immediately available to you, 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.
- 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. 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.
Am I Eligible for Permanent Residency?
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 at least 125% above the U.S. poverty level for their household size, including you and all other sponsored family members. 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 Preference Categories & Visa Numbers, below):
- 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 residency (please see Preference Categories & Visa Numbers below):
- Husband or wife; or
- Unmarried son or daughter of any age
Am I Eligible to Sponsor a Relative?
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 by providing documentation that your income is at least 125% above the U.S. poverty level for your household size, including all sponsored family members. For more details about the 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
Preference Categories & Visa Numbers
People who want to become immigrants based on family are divided into "preferences" (categories), and if their immigrant visa petition is approved, they must wait for an immigrant visa number to become available according to the preference system. An exception exists for immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, who do not have to wait for an immigrant visa number to become available once the immigrant visa petition filed for them is approved. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.
The relatives in the remaining categories must wait for a 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 USCIS receives your visa petition,I-130,Petition for Alien Relative, it will be approved or denied. USCIS will notify the person who filed the visa petition if the visa petition is approved. USCIS 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.
Because the number of immigrant visa numbers that are available each year is limited, you may not get an immigrant visa number immediately after your immigrant visa petition is approved. In some cases, it could take several years.
The National Visa 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 relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death
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