The process to petition a relative through Form I-130, commonly known as “Family Petition,” may vary depending on the details of the case. The usual steps for bringing a family member to the United States are:
Verify your eligibility! Find out if your family can be petitioned. The family petition eligibility for the U.S. allows you to petition your spouse, children, parents, siblings, and adult children. Choose the suitable family-based visa category. Most popular are IR and F visas. No annual limit on immediate relatives, however Family Petition categories have quotas.
As a U.S. citizen or permanent resident, you will need to file an immigrant petition on behalf of your family member, usually with Form I-130. Pay the filing fee and provide the necessary paperwork, like proof of the qualifying connection. USCIS will review your case. Once your application is approved, USCIS will notify you.
Family Petition groups may need to wait for a visa to be available, depending on the cateogry. The United States Department of State publishes the Visa Bulletin monthly. It shows how many visas are available based on the petitioner’s origin and preference.
It is important to get the help of an immigration attorney to give you your best course of action based on your specific situation. You will need to determine if you need to complete a Family Petition process through the consulate or Adjusting Status.
If first you need to enter the United States to adjust your status, the National Visa Center (NVC) will process your visa application from outside the U.S., collecting money and documents. Your invoice will have a case number and ID.
Once you have completed a medical exam and visa interview, the U.S. consulate or office in your native country will issue an immigrant visa in your passport if approved. With an immigrant visa, a family member can enter the U.S. When they enter the U.S., CBP will check them.
If you can adjut status being in the United States, your family member can file for adjustment of status to become a permanent resident without leaving the U.S. This will also require a Family Petition being filed previously, or simultaneously. Before coming with a decision, immigration will require a medical examination and interview as well.
If your family member’s application for adjustment of status or enter the nation with an immigrant visa through consular process is successful, they will receive a green card!
