Family Based Immigration
Consular Processing
A foreign national who wants to permanently reside in the United States must obtain an immigrant visa (IV). To qualify for an IV, the individual must be sponsored by an immediate relative who is at least 21 years old and is either a U.S. citizen or a Lawful Permanent Resident (green-card holder).
There are two main types of family-based immigrant visas:
- Immediate Relative: These visas are based on a close family bond with a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited annually.
- Family Preference: These visas apply to specific, more distant family relationships with a U.S. citizen and certain specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited on an annual basis.
Keep in mind that U.S. citizens can file an immigrant visa petition for their:
• Spouse
• Son or daughter
• Parent
• Brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
• Spouse
• Unmarried son or daughter
Adjustment of Status
If your immediate relative is lawfully in the U.S., you may seek to adjust their status by filing their I-130. Contact our office for more information.
If you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:
- You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
- You were inspected and admitted or inspected and paroled into the United States;
- You are physically present in the United States at the time you file your Form I-485
- You are eligible to receive an immigrant visa;
- An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
- The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
- None of the applicable bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
- You merit the favorable exercise of our discretion (this means the positive factors in your case outweigh the negative factors).
Inspected and Admitted or Inspected and Paroled
Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information, see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.
Eligibility to Receive an Immigrant Visa
You are eligible to receive an immigrant visa if you are the beneficiary of:
- An approved Form I-130 filed on your behalf;
- A pending Form I-130 (that is ultimately approved); or
- A Form I-130 (that is ultimately approved) filed together with your Form I-485.