Family Based Green Cards

 

Family Based Adjustment of Status and Consular Processing

One of the most common reasons clients reach out for help is to obtain a green card for a family member.  There are many factors that can impact how you will be able to get them a green card, but Soria Law can help you decide which option is best.

Regardless of how they obtain their status, the most important thing to understand is that getting a family member a green card is a two-step process.

 

Step 1 - Obtain a Visa

The first part of the process is obtaining a visa for your family member through a form called an I-130, Petition for Alien Relative.  This form requires that you prove to the USCIS that there is a qualifying family relationship between a United States citizen or lawful permanent resident and a foreign individual. 

Types of Visas:

Immediate Relatives - If you are an immediate relative of a United States citizen, if your I-130 Petition is approved, you have a visa available to you immediately.  The following individuals are considered to be immediate relatives:

  • Spouses of US citizens

  • Parents of US citizens (if the US citizen is 21 or older)

  • Children of US citizens (if under 21 and unmarried)

  • Stepchildren of US citizens (if under 21 and the marriage to the parent took place before their 18th birthday)

Family Preference Categories - If you do not qualify as an immediate relative, you have to wait for a visa to become available to you.  This means that once the petition is approved, you have to wait for the “priority date” of the visa to become current.  The priority date depends on the family relationship type, your country of origin, and most importantly the Department of State’s Visa Bulletin, which is updated every month.  This bulletin lets you know what priority dates are currently being processed.  The USCIS also relies on the Department of State’s Visa Bulletin and posts monthly which dates they will honor for filing purposes.

  • First Preference (F1) - unmarried sons and daughters (21 and older) of US citizens

  • Second Preference (F2A) - spouses and children (unmarried and under 21) of lawful permanent residents

  • Second Preference (F2B) - unmarried sons and daughters (21 and older) of lawful permanent residents

  • Third Preference (F3) - married sons and daughters of US citizens

  • Fourth Preference (F4) - brothers and sisters of US citizens (if the US citizen is 21 and older)

The Visa Bulletin can be a complicated tool, even for immigration attorneys, but Soria Law can help you understand it.  Please reach out for help today.

 

Step 2 - Obtain Residency

The second step is establishing for the USCIS or the Department of State that the person who has the visa available to them is actually admissible to the United States.  

Adjustment of Status - If the person trying to adjust their status is already in the United States, they may be eligible to adjust their status.  This means that they would be able to file both their I-130 and their I-485, Application to Adjust Status, at the same time.  However, there are some important factors in determining whether the individual is eligible to file for adjustment of status.  The most important factor is whether the person entered the United States with inspection, but there are several other factors that should be discussed with an experienced immigration attorney, to determine whether you are able to adjust your status while here in the United States.

Consular Processing - If the person is not located in the United States, or is not eligible to adjust their status in the United States, the way the individual will obtain their residency is through consular processing.  This means that once the I-130 from Step 1 is approved, they will submit their documents to the National Visa Center, and then physically attend an interview at their local foreign consulate.  If the visa is approved, the individual will receive a visa foil in their passport, and receive their physical residency card once they enter the United States.

Changing your address with USCIS

The most important thing in immigration is to make sure that you change your address with USCIS within 10 days of moving. It does not matter if you change your address with the United States Postal Service, you must change your address with USCIS. You can do this online, or with a paper copy of the AR-11 form. This form can be found on the USCIS website here: https://www.uscis.gov/ar-11. If you do not change your address and you are placed in removal proceedings, you may be ordered removed from the United States in your absence. This can create huge obstacles for your path to staying in the United States. Therefore, until you become a United States citizen, always change your address with USCIS!