This is the process by which U.S. citizens and permanent residents can request that permanent residency be granted for their immediate family members (parents, children, brothers and sisters), given that they can demonstrate that they can financially support them in the U.S..

There are two categories of petitions: relatives of U.S. citizens and relatives of legal permanent residents.

Relatives of U.S. Citizens:

US citizens may file petitions on behalf of the following family members:

1. Spouse;
2. Parents (if citizen is at least 21 years of age);
3. Married or unmarried children over 21 years of age and married children under 21 years of age, including stepchildren (unmarried children under 21 years of age are eligible for naturalization without having to go through the residency process); and
4. Brothers and Sisters (if citizen is at least 21 years of age).

Estimated wait periods for residency to be available for:

• Spouse: 6-12 months (however, work permit is granted within 0 - 90 days)
• Parent: 6-12 months (however, work permit is granted within 0 - 90 days)
• Children over 21 years of age: 6-7 years
• Married child under 21 years of age: 6 years

Important disclaimer: the above estimates are based on our experience and for informational purposes only. They are subject to change depending on the location and volume of cases handled by a particular BCIS service center.

Relatives of Permanent Residents:

Legal permanent residents may file petitions on behalf of the following family members:

1. Spouse; and
2. Unmarried children (including stepchildren)

The immediate family of the applicant is eligible to obtain permanent residency with all its benefits, at the same time the applicant receives his or her own permanent residency, if they are included in the petition at the time of making the adjustment of status.

If family members at not included in the resident's own petition at the time of filing, then the legal permanent resident must apply separately after receipt of his/her own residency and go through a waiting period before obtaining the green card for the family member.

Estimated wait periods for residency to be available for:

• Spouse: 5 years
• Unmarried child under 21: 5 years
• Unmarried child over 21: 9 years

Important disclaimer: the above estimates are based on our experience and for informational purposes only. They are subject to change depending on the location and volume of cases handled by a particular BCIS service center.

Once permanent residency is approved it will remain valid as long as the person continues to reside the majority of the time in the U.S. and complies with the legal conditions for permanent residency.

Residency status never expires as long as you continue to meet the residency eligibility conditions as stated in your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and it is recommended that it be renewed six months before expiration.

Permanent residency allows all family members to legally live, study and or work in the U.S..

1. Birth Certificate (copy of original and translated if original not in English) for:
• Alien (Beneficiary)
• Citizen or Legal Permanent Resident (Petitioner)
2. Marriage Certificate (if applying for spouse or children) ­ Copy of original and translated if original not in English
3. Copy of Citizen's or Legal Permanent Resident's Tax Returns ­ Last 3 Years
4. Copy of Letter from Citizen's or Legal Permanent Resident's Employer stating:
• Date of hire
• Position held
• Salary
3. Copy of Bank Statements for Joint Bank and other financial Accounts (if applying for spouse)
• Oldest; and
• Most Recent.
4. BCIS Photographs (this is a passport size photo showing the right ear)
• One BCIS photo of Citizen
• 2 BCIS photos of Alien
5. Copy of Alien's Passport
6. Copy of Alien's U.S. visa and I-94 Form (if alien already in the U.S.)

There are three different procedures depending upon the status of the petitioner, their relationship with the beneficiary and individual circumstances of the applicants.

Local BCIS office process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with local BCIS office
1. Form G-28
2. Form I-181 (if required by local BCIS office)
3. Form I-130
4. Form G-325-petitioner
5. Form G-325-beneficiary
6. Form I-485
7. Form I-485 A (only if beneficiary did not enter with a valid Visa)
8. Form I-864 (Petitioner)
9. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
10. Form I-765
11. Form IRS-9003
12. Form I-693 (BCIS medical examination by BCIS approved doctor)
• Obtain an Employment Authorization Document (Work Authorization Card) from the BCIS if desired

Stage Two:

• Appear at BCIS support center for fingerprints on date scheduled by BCIS
• Prepare for BCIS interview if one is required and submit documents in support of the petition to the BCIS
• Appear at BCIS office for an interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Stage Three (for conditional residency only):

If granted conditional permanent residency the alien must submit an additional petition to the BCIS 90 days prior to the expiration of the conditional residency

BCIS Service Center process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with regional BCIS service center
1. Form G-28
2. Form I-130
3. Form G-325-petitioner
4. Form G-325-beneficiary
5. Supporting documents
• Obtain approved I-130 petition

Stage Two:

• Wait for green card availability (according to priorities specified in eligibility section)
• when a visa is available file I-485 (adjustment of status) petition with local BCIS office
1. Form I-485
2. Form I-485 A (only if beneficiary did not enter with a valid Visa)
3. Form I-864 (Petitioner)
4. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
5. Form I-765
6. Form I-693 (BCIS medical examination by BCIS approved doctor)
• Apply for work authorization (Work Authorization Card) if desired
• Appear at BCIS support center for fingerprints on date scheduled by BCIS
• Prepare for BCIS interview if one is required and submit documents in support of the petition to the BCIS
• Appear at BCIS office for an interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Stage Three:

• If granted conditional permanent residency the alien must submit an additional petition to the BCIS 90 days prior to the expiration of the conditional residency

Consular process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with local BCIS service center
1. Form G-28
2. Form I-130
3. Form G-325-petitioner
4. Form G-325-beneficiary
5. Supporting documents
• Obtain approved I-130 petition

Stage Two:

• Wait for green card availability (according to priorities specified in eligibility section)
• when a visa is available file I-485 (adjustment of status) petition with appropriate consulate office
1. Form I-485
2. Form I-485 A (only if beneficiary did not enter with a valid Visa)
3. Form I-864 (Petitioner)
4. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
5. Form I-693 (BCIS medical examination by BCIS approved doctor)
• Appear at Consulate office for interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Note: Consulate offices may have different procedures and requirements depending on country of location.

Stage Three:

If granted conditional permanent residency the alien must submit an additional petition to the BCIS 90 days prior to the expiration of the conditional residency

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Department of State visa services on visas for foreigners married to American citizens:
http://www.travel.state.gov/marriage_visas.html

State Department on fiancée visas:

http://www.travel.state.gov/visa;fiancee.html

Department of State visa services on marriages with americans outside of the US:

http://www.travel.state.gov/marriage

Department of State visa services on family based immigrant visas:

http://www.immigration.gov/graphics/services/residency/family.htm

http://www.travel.state.gov/visa;familybased.html

BCIS on the LIFE Act (Legal Immigration Family Equity Act): http://www.BCIS.gov/graphics/lawsregs/LIFEAct.htm

BCIS on 245i benefits:

http://www.immigration.gov/graphics/howdoi/hdi245i.htm

Classes of Aliens ineligible to receive U.S. visas:
http://www.travel.state.gov/visa;ineligible.html

American Embasies and Consulates:

http://usembassy.state.gov/