| FAMILY IMMIGRATION |
MOST PEOPLE WANT A QUICK AND EASY ANSWER TO THEIR VISA AND IMMIGRATION QUESTIONS.
THEY WANT TO KNOW:
- WHAT'S THE PROCEDURE?
- WHAT'S THE PROCESS?
- WHAT DO I NEED TO DO?
EACH PERSON'S PARTICULAR SITUATION WILL DICTATE THE PATH TO TAKE TOWARDS IMMIGRATING
TO THE UNITED STATES.
IT MAY BE POSSIBLE TO GET A GREEN CARD THROUGH A FAMILY MEMBER WHO IS A U.S. CITIZEN
OR A LEGAL PERMANENT RESIDENT (GREEN CARD HOLDER) OR THROUGH OTHER FORMS OF IMMIGRATION.
DEPENDING ON YOUR PARTICULAR CIRCUMSTANCES, YOU MAY QUALIFY FOR ADJUSTMENT OF STATUS AND
GET A GREEN CARD WHILE YOU ARE ALREADY IN THE UNITED STATES OR THROUGH CONSULAR PROCESSING
IF YOU ARE OUTSIDE OF THE UNITED STATES.
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| WHERE TO START? |
THE GENERAL PROCESS FOR BRINGING A FAMILY MEMBER TO THE UNITED STATES IS TO FILE AN I-130 PETITION ALONG WITH SUPPORT DOCUMENTATION INCLUDING MEDICAL REPORTS AND FINANCIAL DECLARATIONS.
SOUNDS SIMPLE, RIGHT? WRONG!
FAILURE TO FILE SUFFICIENT EVIDENCE WILL RESULT IN A LETTER CALLED AN "RFE" (RETURN FOR EVIDENCE) AND A BIG DELAY FOR THE FAMILY.
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| FILING THE I-130 FOR A RELATIVE ABROAD |
- IF THE RELATIVE OF THE U.S. CITIZEN OR LEGAL PERMANENT RESIDENT (LPR) IS LIVING OUTSIDE OF THE UNITED STATES, THE I-130 MUST BE FILED AT THE NEAREST CONSULATE OR USCIS OFFICE THAT HANDLES PETITIONS FOR THE FOREIGN LOCATION. THE USCIS WILL APPROVE OR DENY YOUR PETITION. AFTER THE PETITION IS APPROVED, A NOTICE IS SENT OUT TO THE RELATIVE AND THE APPROVED PETITION IS SENT TO THE NATIONAL VISA CENTER (NVC). ONCE A VISA BECOME "CURRENT" OR AVAILABLE, THE NVC PROCESSING OFFICE WILL SEND INSTRUCTIONS ON HOW TO PROCEED WITH PROCESSING AT THE CONSULATE AND A FEE SCHEDULE.
- IF A VISA IS NOT AVAILABLE (CURRENT) BECAUSE THE APPLICANT IS IN A CERTAIN PREFERENCE CATEGORY, THE NVC WILL SAVE THE APPROVED I-130 AND SEND NOTIFICATION THAT THE NVC WILL SEND MORE DOCUMENTS WHEN THE PRIORITY DATE BECOMES CURRENT AND VISA BECOMES AVAILABLE.
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| FILING THE I-130 FOR A RELATIVE IN THE UNITED STATES |
IF THE RELATIVE IS LIVING IN THE UNITED STATES, THE PETITION IS FILED AT THE APPROPRIATE USCIS OFFICE.
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| REQUIRED DOCUMENTATION |
DOCUMENTS THAT YOU MAY NEED TO PROVIDE WITH YOUR APPLICATION OR AT AN INTERVIEW INCLUDE:
- PASSPORT
- PASSPORT PHOTOS
- BIRTH CERTIFICATES
- MARRIAGE CERTIFICATES
- DIVORCE DECREES
- FAMILY PHOTOGRAPHS
- FINANCIAL AFFIDAVITS
- PETITIONS
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| PREFERENCE CATEGORIES |
TO CONTROL THE FLOW OF THE IMMIGRANTS INTO THE UNITED STATES, THE GOVERNMENT DEVISED
A SYSTEM TO DETERMINE WHO SHOULD COME NOW AND WHO SHOULD COME LATER.
THE SYSTEM PLACES IMMIGRANTS INTO PREFERENCE CATEGORIES BASED ON THEIR RELATIONSHIP
TO THE SPONSORING U.S. CITIZEN OR LEGAL PERMANENT RESIDENT, THEIR EMPLOYMENT AND
THEIR COUNTRY OF ORIGIN OR "CHARGEABILITY." VISAS BECOME AVAILABLE OR "CURRENT"
BASED ON THE "PRIORITY DATE," A DATE GIVEN BY THE GOVERNMENT INDICATING THE TIME
OF SUBMISSION OF THE PETITION.
THE STATE DEPARTMENT PUBLISHES A MONTHLY REPORT CALL THE VISA BULLETIN ON THE AVAILABILITY OF VISAS BASED ON THE IMMIGRANTS
RELATIONSHIP TO THE U.S. CITIZEN OR LEGAL PERMANENT RESIDENT AND THE COUNTRY OF BIRTH OR CHARGEABILTY.
TO SEE THE MOST RECENT REPORT GO TO HTTP://TRAVEL.STATE.GOV
TO HELP YOU READ THE VISA BULLETIN, CHECK OUT THE FOLLOWING CHART:
FAMILY IMMIGRATION PREFERENCE CATEGORIES
| RELATIONSHIP | PREFERENCE CATEGORY |
| UNMARRIED DAUGHTERS AND SONS OF U.S. CITIZENS UNDER | 1ST |
| SPOUSES AND UNMARRIED CHILDREN (UNDER 21 ) OF LEGAL PERMANENT RESIDENTS | 2A |
| UNMARRIED CHILDREN (21 OR OLDER) OF LEGAL PERMANENT RESIDENTS | 2B |
| MARRIED SONS AND DAUGHTERS OF U.S. CITIZENS | 3RD |
| BROTHER OR SISTER OF A U.S. CITIZEN | 4TH |
SPECIAL CATEGORIES OF FAMILY IMMIGRATION
YOU MAY ALSO BE ELIGIBLE TO GET A GREEN CARD IF YOU:
- ARE A BATTERED CHILD OR SPOUSE OF A U.S. CITIZEN
- ENTERED THE UNITED STATES WITH A K VISA AS THE FIANCÉ(E) OR SPOUSE OF A U.S. CITIZEN OR AN ACCOMPANYING CHILD
- OBTAINED V NONIMMIGRANT STATUS
- ARE A WIDOW(ER) OF A U.S. CITIZEN
- ARE BORN TO A FOREIGN DIPLOMAT IN THE UNITED STATES
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