Family-based US immigration is a common form of getting legal US permanent residency, that is usually called as Green Card. Members of the family in the US and legal permanent residents might get lawful PR in the US. Filing for PR also let one get a job authorization document (EAD), commonly called as work permit, authorizes legal job in the US pending a verdict on an application for a green card. In common, an individual who looks to migrate to the US should get a petition approved by USCIS prior applying for an immigrant visa. For visas which are family based, the petition is filed either by a citizen of the US or US legal PR relative.
Filing for Family-based Immigrant Visa
As an initial step, the relative who is sponsoring files a petition for overseas relative, Form I-130. The petition is filed with DHS, USCIS in the US that serve the region where the petitioner resides.
In some situations, the US citizen residing overseas could file a petition for an immigrant visa at US consulate or embassy or with USCIS abroad, when the US citizen petitioner has been residing there for six months and had hosted the nation permission for residing there.
Unlimited Family Based Immigrants – Immediate Relatives
These types of immigrant visas are based on close family affiliation with the US citizen, that includes spouse, parents, and children. Moreover, US citizen could sponsor a child adopted or to be adopted from overseas, if that kid meets the definition of an orphan as offered for in immigrant rule. Family members of US citizens could file Petitions for Immediate Relative.
For immigration, immediate relative categorization includes:
Spouse of US Citizen
Orphan to be adopted in the US by US citizen
An unmarried kid whose age is below 21 years.
Parent of US citizen who is a minimum of 21 years old.
Immigrants who had resided in the US earlier as legal permanent residents and are coming back to reside in the US after a visit of over a year overseas.
Specific criteria to sponsor a relative
There are certain criteria that should be met for sponsoring a relative for immigration to the US. They are:
- You should be able to view that you are US citizen.
- There should be a qualifying relationship between you and the recipient.
- As a sponsor, you, should file an I-130 petition for overseas relative and prove that you could support the person.
Getting a Green Card while residing out of the US
If you are an immediate relative of US citizen and looking for a green card, then you might become PR by route of consular processing. This form of processing is USCIS does a job in unison with State Department for issuing a visa on an official I-130. From there you could visit on that visa to the country where you could become permanent when coming to the entry port.
Limited Family Based Green Card Immigrants
This kind of immigrant categorization involves precise more distant, family relations with the US citizen and few précised relations with legal PR. Under the law of immigration, there are FY numerical restrictions on immigrants with family preference as mentioned below:
Family First Preference (F1): Unmarried daughters and sons of US citizens and their kids if any.
Family Second Preference (F2): Spouses, minor kids, and unmarried daughters and sons of legal permanent residents.
Family Third Preference (F3): Married daughters and sons of US citizens, and their kids and spouses.
Family Fourth Preference (F4): Sisters and brothers of US citizens and their kids and spouses, provided the US citizens are a minimum age of 21.