Family-based immigration allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor eligible relatives for permanent residency in the United States. The process involves multiple steps, including petitioning, approval, and interviews, administered by U.S. Citizenship and Immigration Services (USCIS) and the Department of State's National Visa Center (NVC) New one
Categories of Family-Based Visas:
- Immediate Relative Immigrant Visas (Unlimited)
- IR-1: Spouse of a U.S. Citizen
- IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
- Family Preference Categories (Limited Visas)
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens.
- F2A: Spouses and unmarried children (under 21) of Green Card holders
- F2B: Unmarried sons and daughters (21 or older) of Green Card holders
- F4: Brothers and sisters of U.S. citizens (petitioner must be at least 21 years old)
Sponsorship Process Overview:
- Petition Filing (USCIS):
- Form I-130: The U.S. citizen or Green Card holder files a Petition for Alien Relative to establish the qualifying family relationship.
- Petition Approval (USCIS):
- USCIS reviews the petition and, upon approval, forwards it to the NVC for further processing.
- NVC Processing:
- Case Creation: The NVC assigns a case number and provides instructions for submitting fees and required documents.
- Document Submission: The sponsor submits an Affidavit of Support (Form I-864), and the applicant provides civil documents and completes the Online Immigrant Visa Application (Form DS-260).
- Interview Scheduling:
- Once the NVC reviews and approves all documents, it schedules an interview at the appropriate U.S. embassy or consulate.
- Consular Interview:
- The applicant attends the interview, where a consular officer assesses eligibility and may approve the visa.
- Visa Issuance and Entry to the U.S.
- Upon visa approval, the applicant receives a visa packet to present at a U.S. port of entry, where a Customs and Border Protection officer grants entry as a permanent resident.
Special Cases:
Fiancé(e) Visa (K-1):
- U.S. citizens can file Form I-129F to bring a foreign fiancé(e) to the U.S. for marriage within 90 days, followed by adjustment of status to permanent resident.
Spouse Visa (K-3):
- Allows the foreign spouse of a U.S. citizen to enter the U.S. while awaiting approval of the immigrant visa petition.
Processing Times:
- Processing times vary based on the visa category, applicant's country of origin, and USCIS/NVC workloads. Immediate relatives generally experience shorter processing times due to the absence of annual visa limits.
Recent Updates:
- As of June 2024, the Biden administration announced a policy allowing certain undocumented immigrants married to U.S. citizens to apply for lawful permanent residence without leaving the U.S., provided they meet specific criteria.
Recent Updates:
- As of June 2024, the Biden administration announced a policy allowing certain undocumented immigrants married to U.S. citizens to apply for lawful permanent residence without leaving the U.S., provided they meet specific criteria.
Conclusion:
Family-based immigration is a structured pathway for reuniting families in the United States. Understanding the specific visa categories and following the outlined procedures are crucial for a successful application. For detailed guidance, consult the USCIS and Department of State websites or seek legal counsel specializing in immigration law.
How to Apply for a Green Card Through Adjustment of Status While in the U.S
Filing for a family-based Adjustment of Status (AOS) allows eligible individuals already in the United States to apply for lawful permanent residency (a Green Card) without returning to their home country. Here's a step-by-step guide to the process:
1. Determine Eligibility
To qualify for AOS, you must:
- Be Physically Present in the U.S.: AOS applicants must be present in the United States at the time of application.
- Have an Approved Family-Based Petition: Typically, this involves Form I-130, Petition for Alien Relative, filed by a U.S. citizen or lawful permanent resident sponsor.
- Maintain Lawful Status: Generally, applicants should have entered the U.S. lawfully and maintained continuous legal status.
- Immediate Availability of a Visa Number: Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) have visas immediately available. Other family categories may need to wait for visa availability.
2. Prepare and File Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary application for
AOS.
- Concurrent Filing: Immediate relatives of U.S. citizens may file Form I-485 concurrently with Form I- 130.
- Supporting Documents: Include evidence of eligibility, such as proof of lawful entry (e.g., Form I-94), birth certificate, marriage certificate (if applicable), and any required affidavits.
- Filing Fees: As of 2024, the filing fee for Form I-485 is $1,140, plus an $85 biometrics fee for applicants aged 14-78.
3. Submit Form I-864, Affidavit of Support
- The sponsoring relative must demonstrate the financial ability to support the applicant by submitting Form I-864, ensuring the applicant will not become a public charge.
4. Complete Form I-693, Medical Examination
- Undergo a medical examination by a USCIS-approved civil surgeon and submit Form I-693 to confirm
that you meet health-related standards.
5. Attend Biometrics Appointment
- USCIS will schedule a biometric appointment to collect fingerprints, photographs, and signatures for background checks.
6. Respond to Requests for Evidence (RFEs)
- If USCIS requires additional information, they will issue an RFE. Respond promptly with the requested documentation to avoid delays.
7. Attend the Adjustment of Status Interview
- USCIS may schedule an interview to verify the information provided. Attend with your sponsor and bring original documents.
8. Await Decision
- After the interview, USCIS will mail a written decision. If approved, you'll receive your Green Card by mail.
Processing Times
Processing times vary based on individual circumstances and USCIS workloads. As of recent data, the average processing time for family-based AOS applications is approximately 9.8 months for spouses of U.S. citizens
Important Considerations
- Travel Restrictions: Avoid international travel during the AOS process unless you have an approved Advance Parole document (Form I-131).
- Employment Authorization: You may apply for employment authorization (Form I-765) while your AOS application is pending.
- Legal Assistance: Given the complexities of immigration law, consulting with an experienced immigration attorney can help navigate the process effectively.
How to Apply for a Green Card Through Consular Processing via the National Visa Center
Processing a family-based immigrant visa through the National Visa Center (NVC) involves several structured steps, from fee payments to the consular interview. Here's a comprehensive guide to navigate this process:
1. Pay Required Fees
- Access the Consular Electronic Application Center (CEAC): Once your petition is approved and forwarded to the NVC, you'll receive a Welcome Letter containing your Case Number and Invoice Identification Number. Use these to log into the CEAC portal.
- Pay the Fees: Two primary fees are required:
- Affidavit of Support (AOS) Fee: $120, typically paid by the petitioner.
- Immigrant Visa (IV) Application Processing Fee: $325 per applicant. Payments are made online through the CEAC portal using a U.S. bank account. Processing can take up to a week.
2. Submit the Affidavit of Support (Form I-864)
- Purpose: The Affidavit of Support demonstrates that the petitioner has sufficient financial means to
support the intending immigrant, ensuring they won't become a public charge. - Completion: The petitioner completes Form I-864 and gathers supporting financial documents, such as
recent tax returns, W-2s, and proof of employment. - Submission: Upload the completed form and supporting documents to the CEAC portal.
3. Complete the Online Visa Application (Form DS-260)
- Access: After fee payments are processed, complete Form DS-260 online via the CEAC portal.
- Information Required: Personal details, family information, previous addresses, employment history, and other relevant data.
- Submission: Submit the form electronically and print the confirmation page for your records.
4. Gather and Submit Civil Documents
- Required Documents: Collect civil documents for each applicant, including:
- Birth Certificates
- Marriage Certificates (if applicable)
- Police Clearance Certificates: Obtain from all countries where the applicant has resided for more than six months since the age of 16.
- Court and Prison Records (if applicable)
- Military Records (if applicable)
- Translation: Documents not in English or the official language of the country of application must be accompanied by certified translations.
- Submission: Scan and upload these documents to the CEAC portal.
5. Schedule and Complete the Medical Examination
- Appointment: Schedule a medical examination with a U.S. embassy-approved panel physician in your country.
- Requirements: The exam includes a physical examination, vaccinations, and necessary tests.
- Results: The panel physician will either send the results directly to the embassy or provide a sealed envelope for you to bring to the interview.
6. Prepare for the Interview
- Appointment Notification: Once the NVC reviews and approves all submissions, they will schedule an interview at the designated U.S. embassy or consulate and notify you of the date and time.
- Gather Original Documents: Prepare to bring originals of all civil documents, the appointment letter, passport(s), visa fee receipts, and any other required documents to the interview.
- Interview Preparation: Review your application and be prepared to answer questions regarding your relationship with the petitioner and your background.
7. Attend the Consular Interview
- Arrival: Arrive at the embassy or consulate on time with all required documents.
- Interview Process: A consular officer will assess your application, verify documents, and determine eligibility.
- Decision: If approved, you'll be informed about visa issuance and how to collect your passport with the visa.
8. After the Interview
- Visa Packet: In some cases, you'll receive a sealed immigrant visa packet to present at the U.S. port of entry. Do not open this packet.
- USCIS Immigrant Fee: Pay the USCIS Immigrant Fee online before traveling to the U.S. to receive your Green Card.
- Travel to the U.S.: Enter the U.S. before the visa expiration date. At the port of entry, present your passport and visa packet to the Customs and Border Protection officer.
- Receive Green Card: Your physical Green Card will be mailed to your U.S. address within a few weeks of entry.
For a visual overview of the immigrant visa interview process, you may find the following video helpful:
Note: Processing times and procedures can vary. Always refer to the U.S. Department of State's official website for the most current information
A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. This process involves several steps to establish the legitimacy of the marriage and the eligibility of the applicant.
Filing Process:
1. Form I-130 (Petition for Alien Relative):
- Purpose: Establishes the existence of a valid marriage.
- Who Files: The U.S. citizen or permanent resident spouse (petitioner).
- Supporting Documents:
- Proof of the petitioner's citizenship or permanent residency.
- Marriage certificate.
- Evidence of a bona fide marriage (e.g., joint financial records, photographs).
2. Form I-485 (Application to Register Permanent Residence or Adjust Status):
- Purpose: Filed by the foreign spouse (beneficiary) to adjust status to permanent resident.
- Concurrent Filing: If the petitioner is a U.S. citizen, Forms I-130 and I-485 can be filed simultaneously.
- Supporting Documents:
- Proof of lawful entry into the U.S.
- Medical examination report (Form I-693).
- Affidavit of Support (Form I-864) from the petitioner, demonstrating financial ability to support the beneficiary.
3. Biometrics Appointment:
- The beneficiary will be scheduled for fingerprinting and background checks.
4. Interview:
- Both spouses will attend an interview with a USCIS officer to assess the authenticity of the marriage.
Proving a Bona Fide Marriage:
To demonstrate that the marriage is genuine and not solely for immigration benefits, provide evidence
such as:
- Joint Financial Records:
- Bank account statements.
- Credit card statements.
- Joint tax returns.
Shared Residential Evidence:
- Lease or mortgage agreements with both names.
- Utility bills.
- Personal Evidence:
- Photographs together at various occasions.
- Affidavits from friends and family attesting to the relationship.
- Travel itineraries and tickets for trips taken together.
Stokes Interview:
If initial interviews raise doubts about the marriage's legitimacy, a more detailed Stokes interview may be conducted. In this interview, spouses are questioned separately to compare their answers for consistency.
Common Stokes Interview Questions:
- Daily Routines:
- What time does your spouse wake up?
- Who prepares meals?
Personal Habits:
- Does your spouse have any allergies?
- What side of the bed does your spouse sleep on?
Household Details:
- Describe the layout of your residence.
- Who does the grocery shopping?
Significant Events:
- When and where did you first meet?
- How did you celebrate your last anniversary?
Preparation Tips:
- Consistency: Ensure both spouses are familiar with shared aspects of their lives to provide consistentanswers.
- Honesty: Answer questions truthfully; it's acceptable to admit if you don't know or recall certain details.
- Documentation: Bring all relevant documents to the interview to support your case.
Frequently Asked Questions:
Which relatives can be petitioned for?
U.S. citizens can petition for spouses, children, parents, and siblings. LPRs can petition for spouses and unmarried children.
Can my relative wait in the U.S. until becoming a permanent resident?
No, an approved I-130 petition only gives the relative a place in the immigration waiting line; it does not grant permission to live or work in the U.S. illegally.
Can I bring my fiancé(e) to the U.S.?
Yes, U.S. citizens can file a Form I-129F to bring their fiancé(e) to the U.S. on a K-1 nonimmigrant visa. They must marry within 90 days, and then the U.S. citizen can file a Form I-485 to adjust the spouse's status to that of a permanent resident.
What happens if I filed a petition for a relative while I was a Permanent Resident, but I am now a U.S. Citizen?
If you previously filed a petition for a relative when you were a Permanent Resident but have now become a U.S. Citizen, you have the option to upgrade your relative's visa classification and expedite the processing of their petition. You can do this by informing the relevant agency of your naturalization. As a U.S. citizen, your spouse and any unmarried children under the age of 21 may have visas immediately available to them.
