following family members can sponsor you for a permanent visa:
(a) a husband or wife who is
either a U.S. citizen or a Lawful Permanent Resident (LPR);
(b) a mother or father who is a
U.S. citizen or a LPR (please note that if your parent is only a LPR and you are
over 21, you must be unmarried in order to apply for a permanent visa; married
children of U.S. citizens, on the other hand, are able to apply for permanent
(c) a U.S. citizen child over the
age of 21; or
(d) a brother or sister who is a
visa applicants are divided into 5 different categories:
(a) the immediate
relative category includes (1) spouses of U.S. citizens; (2) unmarried
children under the age of 21 of U.S. citizens; (3) parents of U.S. citizens who
are over 21 years old; and (4) widows or widowers of U.S. citizens;
(b) the 1st
preference category includes unmarried sons and daughters over the age of 21
of U.S. citizens;
(c) the 2nd
preference category is divided into 2 subcategories: 2A which includes spouses and unmarried children under the age of 21
of LPR’s and 2B which includes the
unmarried sons and daughters over the age of 21 of LPR’s;
(d) the 3rd
preference category includes married sons and daughters of U.S. citizens;
|Applying for a permanent visa through a family member is actually a 2-step process.|
|The first step is the filing of Form I-130 (Petition for Alien Relative) and supporting documentation.|
second step is applying for your permanent visa.
The amount of time you will have to wait between the two steps
depends on which category you fall into.
As an immediate relative, you only have to wait the amount of
time it takes the Immigration and Naturalization Service (INS) to
process your petition. All
other categories, however, must wait longer.
Those in the 1st preference category have the shortest wait
(approximately 1 to 2 years from the time of filing Form I-130).
Those in the 4th preference category have the longest wait
(approximately 11 to 12 years from the time of filing Form I-130).
a monthly basis the U.S. Department of State publishes the Visa Bulletin, which indicates the current waiting times.
The Visa Bulletin lists the
priority dates for the cases currently being processed.
Your priority date corresponds to the date when Form I-130 was initially
filed. It is listed on the approval
notice sent by the INS after your petition has been approved.
If your priority date is the same or earlier as that listed in the Visa
Bulletin, you can apply for your permanent visa.
For example, if cases from the 1st preference category with a priority
date of March 1, 1999 are being processed, you can apply for a permanent visa if
your priority date is March 1, 1999 or earlier.
The Visa Bulletin can be
accessed at the Department of State’s web site at:
you are in the U.S., you may be eligible to apply for permanent resident
status through a process known as adjustment
to family-based permanent visas are the K and V visas.
Although these two visas are classified as temporary visas, they are
not really temporary in nature and are only available to individuals who are
immigrating to the U.S. through a family member.
|A K visa is for the fiancé/fiancée or spouse of a U.S. citizen and their children under the age of 21 to come to the U.S. to apply for permanent resident status in the U.S. For more information, please consult the K visa description page.|
V visa allows spouses and unmarried children under the age of 21 of LPR’s,
who have been waiting for more than 3 years for a green card, to come to the
U.S. while waiting to apply for permanent resident status. For more information, please consult the V
visa description page.
you think that you are eligible for a family-based permanent visa and would
like my office to assist you in the application process, it is possible to
arrange for a detailed consultation so that I can examine the details of
your case. Please refer to the consultation
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