Family and Marriage Based Residency Petitions
Description
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.
Who Is Eligible?
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:
- Spouse;
- Parents (if citizen is at least 21 years of age);
- 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
- 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 US Immigration
Service center.
Relatives of Permanent Residents:
Legal permanent residents may file petitions on behalf of the following
family members:
- Spouse; and
- 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 US Immigration
Service center.
Visa Duration
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.
Renewability
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.
Family Benefits
Permanent residency allows all family members to legally live, study
and or work in the U.S.
What Documentation Do I Need?
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
5. Copy of Bank Statements for Joint Bank and other financial Accounts
(if applying for spouse)
6. Passport size photographs on white background
- One photo of Citizen
- 2 photos of Alien
7. Copy of Alien's Passport
8. Copy of Alien's U.S. visa and I-94 Form (if alien already in
the U.S.)
What is the Process Like?
There are three different procedures depending upon the status of the
petitioner, their relationship with the beneficiary and individual circumstances
of the applicants.
Local US Immigration Service office process:
Stage One:
- Prepare and file the appropriate forms and supporting documents with
the local US Immigration Service office
- Form G-28
- Form I-181 (if required by the local US Immigration Service office)
- Form I-130
- Form G-325-petitioner
- Form G-325-beneficiary
- Form I-485
- Form I-485 A (only if beneficiary did not enter with a valid Visa)
- Form I-864 (Petitioner)
- Form I-864 (Additional Sponsor if petitioner's income doesn't qualify).
This should be accompanied with evidence of citizenship or legal permanent
residency
- Form I-765
- Form IRS-9003
- Form I-693 (medical examination by a US Immigration Service approved
doctor)
- Obtain an Employment Authorization Document (Work Authorization Card)
from the US Immigration Service if desired
Stage Two:
- Appear at the US Immigration Service support center for fingerprints
on date scheduled by the US Immigration Service
- Prepare for the US Immigration Service interview if one is required
and submit documents in support of the petition to the US Immigration
Service
- Appear at the US Immigration Service 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 US Immigration Service 90 days prior to the expiration
of the conditional residency
The US Immigration Service Center process:
Stage One:
- Prepare and file the appropriate forms and supporting documents with
the regional US Immigration Service center
- Form G-28
- Form I-130
- Form G-325-petitioner
- Form G-325-beneficiary
- 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 the local US Immigration Service office
- Form I-485
- Form I-485 A (only if beneficiary did not enter with a valid Visa)
- Form I-864 (Petitioner)
- Form I-864 (Additional Sponsor if petitioner's income doesn't qualify).
This should be accompanied with evidence of citizenship or legal permanent
residency
- Form I-765
- Form I-693 (a medical examination by a US Immigration Service approved
doctor)
- Apply for work authorization (Work Authorization Card) if desired
- Appear at the US Immigration Service support center for fingerprints
on date scheduled by the US Immigration Service
- Prepare for the US Immigration Service interview if one is required
and submit documents in support of the petition to the US Immigration
Service
- Appear at the US Immigration Service 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 US Immigration Service 90 days prior to the
expiration of the conditional residency
Consular process:
Stage One:
- Prepare and file the appropriate forms and supporting documents with
the local US Immigration Service center
- Form G-28
- Form I-130
- Form G-325-petitioner
- Form G-325-beneficiary
- 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
- Form I-485
- Form I-485 A (only if beneficiary did not enter with a valid Visa)
- Form I-864 (Petitioner)
- Form I-864 (Additional Sponsor if petitioner's income doesn't qualify).
This should be accompanied with evidence of citizenship or legal permanent
residency
- Form I-693 (a medical examination by a US Immigration Service 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 US Immigration Service 90 days prior to the expiration
of the conditional residency
Consular process:
Stage One:
- Prepare and file the appropriate forms and supporting documents with
the local US Immigration Service center
- Form G-28
- Form I-130
- Form G-325-petitioner
- Form G-325-beneficiary
- 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
- Form I-485
- Form I-485 A (only if beneficiary did not enter with a valid Visa)
- Form I-864 (Petitioner)
- Form I-864 (Additional Sponsor if petitioner's income doesn't qualify).
This should be accompanied with evidence of citizenship or legal permanent
residency
- Form I-693 (a medical examination by a US Immigration Service 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 US Immigration Service 90 days prior to the expiration
of the conditional residency
What are the BCIS Filling Fees?
Fees for forms (I-130), (I-485),
(fingerprints), if applicable penalty fee for (I-485A), and (I-765-if
work authorization is desired), and click below links to verify the US Immigration Service fees as these change regularly:
http://www.uscis.gov/forms
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
What are the Legal Fess?
Click here to learn more about our fee
structure.
Click here if you would like to come
in for a free initial consultation.
Where Can i Get More Information?
Department of State visa services on visas
for foreigners married to American citizens:
http://travel.state.gov/visa/immigrants/types/types_1315.html
State Department on fiancée visas:
http://travel.state.gov/visa/immigrants/types/types_2994.html#Applying
Department of State visa services on marriages
with Americans outside of the US:
http://travel.state.gov/visa/immigrants/types/types_1315.html
Department of State visa services on family
based immigrant visas:
http://www.immigration.gov/graphics/services/residency/family.htm
http://travel.state.gov/family/abduction/Solutions/Solutions_3861.html
The US Immigration Service on the LIFE Act (Legal Immigration Family
Equity Act):
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb959
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CRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
The US Immigration Service on 245i benefits:
http://uscis.gov/graphics/services/residency/245doj.htm
Classes of Aliens ineligible to receive U.S. visas:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
American Embassies and Consulates:
http://usembassy.state.gov/
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