who is an immediate family member uscis

Updated By Ilona Bray , J.D. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing. Before the NVC, the steps you will follow are: A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all immediate family members of a U.S. citizen involved in an immigrant visa case. Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA). Secure .gov websites use HTTPS The qualifying relationship must be documented with evidence. Immediate Relatives can immigrate to the U.S. without any quota restriction unlike other family members of U.S. citizens and U.S. lawful permanent residents. I came to the U.S. with … The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). In determining whether an immediate family member qualifies as a derivative, you should consider that immediate family members are not authorized to work in the United States, including in the home of the foreign … Eligibility requirements for waivers and other forms of relief vary. Citizenship and abroad Immigration Services (“USCIS”) off ice or Immigration Court in the United States. It’s important to understand the following terms, as they are commonly referred to in the application form and on the U.S. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. See the Military section of the website. The first step is the family visa petition, filed by the U.S. citizen or lawful permanent resident family member on behalf of the person who will be immigrating. Labor certification and qualifications for certain immigrants (INA 212(a)(5)). The other relatives of US citizens -- unmarried children over the age of 21, married children of any age, and siblings (when the US citizen sponsor is above the age of 21) all fall under what is referred to as the "family preference category." To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. Official Website of the Department of Homeland Security, Green Card for Immediate Relatives of U.S. Citizen, USCIS Response to Coronavirus 2019 (COVID-19), Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Inadmissibility on Public Charge Grounds Final Rule: Litigation, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”, Form I-485, Application to Register Permanent Residence or Adjust Status, section 245(c) of the Immigration and Nationality Act (INA), Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-601, Application for Waiver of Grounds of Inadmissibility, Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, Form I-864, Affidavit of Support Under Section 213A of the INA, Form I-864EZ, Affidavit of Support Under Section 213A of the Act, Form I-693, Report of Medical Examination and Vaccination Record, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-612, Application for Waiver of the Foreign Residence Requirement, Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities, Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-765, Application for Employment Authorization, Form I-131, Application for Travel Document, Instructions for Application for Travel Document, Classes of Aliens Ineligible for Visas or Admission, USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures, USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment, USCIS Policy Manual Volume 8, Admissibility, The unmarried child under 21 years of age of a U.S. citizen; or. To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. It means the child is under 21 years old at the time of the adjustment of status, or the child’s age froze when the parent “filed” for him and now the child is … This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship. Mail your petition. Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid). Parents, spouses, and unmarried children under the age of 21 (natural or adopted) of U.S. citizens are considered immediate relatives and do not have to wait to get a visa. The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members. Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)). The application must include documentation of the qualifying family relationship, and of the petitioner’s status as a citizen or permanent resident. Once received, the NVC will assign a case number for the petition. This USCIS form is used to classify a foreign national orphan who either is, or will be, adopted by a U.S. Citizen as an immediate relative. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How Do I Help My Relative Become a Permanent Resident? Immediate Relatives Other Family Members Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) The immediate family is a defined group of relations, used in rules or laws to determine which members of a person's family are affected by those rules. Do not travel if you are sick, or if you have been around someone with COVID-19 in the past 14 days. Two groups of family-based immigrant visa categories are provided under provisions of United States immigration law: Immediate Relative (IR) and Family Preference. Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. The petitioning relative must complete this form. c. (U) Immediate Family Members of Domestic Employees: Immediate family members of domestic employees seeking a derivative A-3 or G-5 visa are rare and should be duly scrutinized. Consular Processing/ Green Card While Outside the United States. Spouse; Unmarried children under 21; and. Spouses can be either heterosexual or homosexual. (INA 203(d) does not apply to the classes described in INA 201(b)). Guidelines for eligible beneficiaries on Form I-130 applications include immediate relatives for both U.S. citizens and lawful permanent residents (LPRs)– green card holders, but only citizens can petition for extended family. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. They are the immediate relatives of U.S. citizens and the family preference category. Immigrating through family is a two-step process. Securing a green card through family members who are immediate family is generally the simpler option. You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States: Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94; Note: Certain forms, including Form I-485, have a filing fee. 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 USCIS makes a final decision on your application; Note: A visa is always available for immediate relatives. Once the person reaches 21, he or she is a son or daughter. Immigration Family-based green card Adjustment of immigration status US visas Immigrant visas Sponsoring an immigrant Family visa Visa priority application dates Immigrant status Family law Form I-130 (alien relative) Domestic relationships Marriage Common-law marriage. It normally includes a person's parents, siblings, spouses, children, or an individual related by blood whose close association is an equivalent of a family relationship. Once you have filed a petition, you can check its progress the. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. If the principal applicant is over 21 years old, he or she can include the following family members in the application: I-485, Application to Register Permanent Residence or Adjust Status, Green Card for a Family Member of a U.S. Citizen, Green Card for Immediate Relative of a U.S. Citizen, A fiancé(e) residing outside the United States and children of fiancé(e) under 21, Children of spouse (unmarried and under 21), Children (unmarried and under 21) of U.S. citizens, Parents of U.S. citizens (The petitioning citizen must be 21 or older.). You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130); Copy of your government-issued identity document with photograph; Copy of your passport page with nonimmigrant visa (if applicable); Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable); Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable). 5. If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. This means your family member does not need to wait in line for a visa. In order to help a family member immigrate, you must be a: U.S. citizen; Green Card holder (permanent resident) Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years; If you or a member of your family is in the U.S. military, see the Military section of our website. In 2013, U.S. Preference categories apply to family members who are not immediate relatives. None of the applicable bars to adjustment 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, A pending Form I-130 (that is ultimately approved); or. This page provides specific information for immediate relatives in the United States who want to apply for lawful permanent resident status while in the United States. These are the spouses and children of under the age of 21 of a US Citizen, and the parents of US citizens who are over the age of 21. Green Card for Immediate Relatives of U.S. Citizen If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. Family-based immigrant petitions are filed using Form I-130. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives . Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. You are an immediate relative if you are: If you are a widow or widower of a U.S. citizen, please see Green Card for Widow(er)s for information about how to apply for a Green Card. (There will be a wait of many months, however, while USCIS and then the State Department actually process the applications.) Citizenship and Immigration Services’ (USCIS) website.Petitioner: The U.S. citizen that files the I-130 on behalf of their relativeBeneficiary: The relative who wants to immigrateAdjudicator: The USCIS officer who reviews the I-130 The second step is the application to become a permanent resident, filed … If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. When filing Form I-130, you'll send birth records (i.e. The elements of the application that must be submitted to the USCIS are the same for each type of family member. With premium processing within 15 calendar days Relative, the priority date is current the. Ina 212 ( a ) and are called grounds of inadmissibility days from the time arrived... 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