FAMILY PETITIONS TO BECOME A LEGAL PERMANENT RESIDENT
When submitting a family petition residence in the United States, individuals must typically prove their relationship to the family member they are sponsoring.
The process varies depending on the petitioner’s status, the relationship with the beneficiary, and other factors.
The chart below describes the family members of a U.S. citizen and a legal permanent resident can file a petition.
The U.S. citizen or legal permanent resident must file the Form I-130 petition for their family member. This petition only establishes the relationship with the family member and does not grant an immigration benefit. There are two different processes to get your legal permanent residence or “green card”:
Adjustment of status
The only individuals who are eligible for adjustment of status are immediate family members of U.S. citizens. Family members must be inspected and admitted to the United States through a tourist/work visa, or parole. Through adjustment of status, these family members can obtain their legal permanent residence in the U.S., after attending an interview.
An exception to the inspection and admission requirements is offered to those with approved I-130 petitions filed before April 30, 2001. They will qualify through the 245i law which allows them to apply for status adjustment even if they entered the U.S. without inspection.
One of the benefits of adjustments of status is that you will receive an employment authorization card while you wait for your interview. Attorney Yunuen Mora of Cross Border Lawyer will guide you through the entire process and will attend the interview with you.
Consular Processing
If as a U.S. citizen you are petitioning for a family member who lives abroad, your family member will have their visa interview at the U.S. embassy or consulate in their own country. Your immediate family members will always have a visa available for them. After their form I-130 petition is approved, their case will be transferred to the corresponding consulate.
If as a US citizen, whether you are petitioning for non-immediate family members or as a legal permanent resident you are petitioning for a family member, they must wait for their I-130 priority date to become current.
Where can I find my priority date?
The Department of States issues a visa bulletin each month to show which dates they are processing for each category in each country. Please follow us on Facebook and Instagram where we post the visa bulletin every month.
Your case will be transferred to the National Visa Center once your visa is available. They will process your case and forward it to the appropriate U.S. Embassy or Consulate. Please note that in Mexico, all immigrant visas are processed in Ciudad Juarez.
Consular processing can be an intimidating and lengthy process. Attorney Yunuen Mora of Cross Border Lawyer has extensive experience in this area. She can guide you through this process.
