How to get a green card if the relative is a US citizen - ForumDaily
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How to get a green card if the relative is a US citizen

Depositphotos.com photo

Depositphotos.com photo

Citizens of the United States can help their relatives obtain the status of permanent resident of America by obtaining a green card. To do this, they need to sponsor their relatives and prove that their income or assets will be enough to support relatives when they arrive in the United States. This is the official website Citizenship and Immigration Services (USCIS).

To begin the process, you need to complete Form І-130 - Petition for a foreign relative, which confirms the family relationship between the applicant and the person you are asking for. The form and instructions for its filling are on Citizenship and Immigration Services website. In some cases, I-130 can be submitted along with a permanent residence application (Form I-485, Application for registration of permanent residence or status change). This will be discussed below.

Regarding which of the relatives you can petition?

US citizens can petition for their:

  • Husband or wife.
  • Children, unmarried or unmarried.

Citizens of America older than 21 can also petition for such relatives:

  • Parents.
  • Brothers or sisters.

When you file a petition, you will be required to prove your relationship to the person you are asking for.

How will the petition help my relative?

Filling out an I-130 form and providing proof of your kinship gives your relative a place in line for immigration along with other people who wish to immigrate from the same country or region for the same kindred ties. When the turn comes to your relative or relative, he or she will be able to immigrate after passing the check and meet all the requirements for the immigrant.

For example: You are petitioning your unmarried son over the age of 21. If approved, your petition gives him a place in the queue of people from the same category of countries, also sons or daughters over the age of 21, unmarried, whose parent is a US citizen. Your relative's place in the queue will depend on the date of the petition. The faster you feed it, the better.

There are no queues for close relatives of American citizens, including for women / husbands, parents, or unmarried children up to the year 21.

What are the opportunities for my relative's family?

In most cases, when your relative’s turn comes, the spouse and unmarried children up to 21 can apply for an immigration visa with him / her. (If a family member is already in the United States, he or she can complete an I-485 application for status change based on their relative’s received I-130 application).

For example: You are petitioning your married daughter. You cannot also file a direct petition for her husband and children. However, when it is time for your daughter to apply for a green card, her husband and children will be able to apply for an immigrant visa with her.

As a US citizen, you must file separate applications for each of your direct relatives, including children.

Another exampleA: To sponsor your parents, you must apply for each of them separately. If they have children other than you (your brothers and sisters), you must submit a separate application for each of them. Visas for mothers and fathers of US citizens are issued immediately, but not for brothers and sisters. They will have to wait in line.

Another example: You marry a person who has a child. This child is eligible as your stepson or stepdaughter if he or she has not been married and has not reached 18 age at the time of your marriage. In this example, you need to submit 2 petitions: for your wife (husband) and her (his) child separately.

Фото: Depositphotos

Фото: Depositphotos

How much time passes after filing a petition before my relative's immigration?

The law provides for special conditions for close relatives of American citizens - husband or wife, unmarried children under the age of 21, and parents.

  • For such relatives there is no queue.
  • The US Department of State will invite them to apply for an immigration visa immediately after your application is approved on the I-130 form.
  • If your application is approved, and your relatives are in the US on a legal basis and meet other requirements, they will be able to apply on the spot and change their status to permanent resident status.

As for other relatives, due to the high demand for such applications and the statutory limit on the number of immigrants accepted in the United States each year, they may have to wait in line for several years while applications for them are processed. When it comes to your relative, the US Department of State will contact him or her and invite you to apply for an immigration visa. To see the current wait time, go to the “Visa Bulletins” section of the US Department of State website.

Фото: Depositphotos

Фото: Depositphotos

Note: In the case of immigration to the United States and obtaining permanent resident status, you will need to pay an immigration fee to the US Citizenship and Immigration Service in the amount of $ 165. This fee is paid online through the Electronic Immigration System of the Service (USCIS ELIS). It is highly recommended to pay this fee. after receiving your immigration visa package at a US embassy or consulate abroad (including in Canada and Mexico) and until departure in America. Payment before leaving for the United States will be a guarantee for obtaining a permanent resident card (also called a green card) without delay. Information about fees is also on the website. Citizenship and Immigration Services.

Can my relative wait to receive a permanent resident card in the States?

Not. If your relative is outside the United States, filing an I-130 petition does not give him or her the right to reside or work in the United States while waiting for documents. The I-130 form is only the establishment of your kinship. He or she needs to wait for legal immigration outside the United States. If your husband, wife, unmarried child before 21, or the parent is already in the US legally, they can apply to change their status to permanent resident status along with your I-130 form filing.

Does filing a petition for a relative require me?

Yes. By law, everyone who comes to the United States to ask for a relative should have financial support. If you, by submitting a petition, thereby agree to support your relative financially, you must sponsor him when his or her immigration time comes. For this you fill form I-864 - Proof of financial support. If you do not meet the financial requirements, other persons will have to undertake this obligation.

How do I petition?

There are 2 legal ways to help your relatives immigrate to the USA:

  1. If your relatives live in another country, You are submitting I-130 to the Citizenship and Immigration Services. This can be done at the place of residence (below is the address to send by mail). Please check the rules and fees on the US Department of State website at the time of application. Your application must be completed, signed, and filed with the fees paid correctly. You will need to provide proof of your US citizenship, as well as proof of your relationship with the people you are applying for.
  2. If your relatives already in the United States on legal grounds They can apply for an I-485 form to change their status to permanent resident status at the same time as you apply for I-130. Form I-130, which is surrendered simultaneously with the I-485 form from relatives, served in a different place than the separate I-130, without the statements of relatives.

What happens after filing a petition?

You will receive by mail a document confirming receipt of your petition by the State Department. If the document lacks information, it may be rejected or asked to provide something that is missing, but this will delay the process of processing the application. Send all the documents specified in the instructions at once to avoid delays.

You will be informed about the decision. As a rule, if the application is approved, it is sent to the National Visa Center (NVC) of the State Department. When your family member’s turn for a visa number comes, the National Visa Center will inform you and your family member. His or hers, as well as dependents will be invited to apply for an immigration visa. You can read more about the process of obtaining an immigrant visa at US State Department website.

How long will it take the US Citizenship and Immigration Service to process a petition?

The processing time of the petition depends on several factors, therefore it is difficult to name a specific period of time. The current waiting time can be found on the Service website.

What if the petition for a relative was filed by a permanent resident who then received American citizenship?

Depositphotos.com photo

Depositphotos.com photo

If you receive US citizenship while your relative is waiting for a visa, you can change the classification of the visa for your relative and speed up the processing of the application by notifying your naturalization to the appropriate authority. Wives / husbands of US citizens and their unmarried children before 21 can obtain a visa immediately.

  • If you receive US citizenship after your I-130 application has been approved and submitted to the National Visa Center, you need to notify the center of your citizenship. Requests to change the status of the petition in connection with the naturalization of the applicant should be sent to:

National visa center
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915

Include in your letter information about your relative, a copy of the certificate of citizenship and a copy of the acceptance of your application. As soon as they receive your letter in the center, they will immediately send visa information regarding your relative to the appropriate US embassy or consulate abroad. To receive confirmation that your petition has already been transferred to the National Visa Center, dial their automatic line 1-603-334-0700 and in tone mode, enter the receipt number from the Immigration Service.

  • If you get US citizenship before approval of your application by the Immigration Service, you will need to send a notification to the Service Center, the address of which is indicated on the receipt that you were given when you accepted the I-130 form. Include in your letter information about your relative, a copy of the certificate of citizenship and a copy of the acceptance of your application. If you do not know where to send the notification, call the customer service line. 1-800-375-5283.
  • If your relative is your spouse and he / she has children who are biological, adoptive or adopted children, and you did not petition for each of them, you will need to submit separate petitions for each of the children and include they confirm your US citizenship, as well as a copy of the receipt of acceptance of your documents on the initial application.

brief information

Forms for obtaining the status of relativesName
Petition for a foreign relativeI-130
Application for registration of permanent residence or change of statusI-485
Confirmation of financial supportI-864

Earlier, immigration lawyers held a webinar for readers ForumDaily, during which they answered all their questions concerning the process of helping relatives when moving to the USA, highlighting its main nuances.

A webinar with lawyers answers is available at the link:

 

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