If you are a U.S. citizen or a lawful permanent resident (green card holder), you may be able to help certain immediate family members obtain lawful permanent resident (LPR) status in the United States. This process requires filing petitions and ensuring that your relatives meet eligibility requirements set by U.S. Citizenship and Immigration Services (USCIS).
Who Qualifies as an Immediate Relative?
For U.S. Citizens
U.S. citizens may petition for:
- Spouses
- Unmarried children under 21 years of age
- Adopted children (if the adoption meets legal requirements)
- Parents (if the petitioner is at least 21 years old)
For Lawful Permanent Residents (Green Card Holders)
Lawful permanent residents (LPRs) may petition for:
- Spouses
- Unmarried children under 21 years of age
The Two-Step Process for Family-Based Immigration
Step 1: Filing Form I-130 (Petition for Alien Relative)
This form establishes the relationship between the petitioner and the family member they are sponsoring. To submit a successful I-130 petition, the petitioner must:
- Provide proof of U.S. citizenship or lawful permanent resident status
- Demonstrate that the relative meets the definition of an immediate family member
- Submit supporting documents such as birth certificates, marriage certificates, or adoption records
Once approved, the I-130 petition confirms the validity of the relationship but does not grant a green card.
Step 2: Filing Form I-485 (Adjustment of Status) or Consular Processing
After the I-130 is approved, the sponsored relative may apply for a green card through one of these processes:
- Adjustment of Status (Form I-485): If the relative is already in the U.S., they can apply for permanent residency without leaving the country.
- Consular Processing: If the relative is outside the U.S., they must apply for an immigrant visa at a U.S. consulate in their home country.
How ISA Lawyers Can Help
Navigating the U.S. immigration process can be complex and time-sensitive. At ISA Lawyers, we assist families in reuniting through expert legal guidance, accurate petition filing, and case management to avoid delays and denials.
If you are ready to bring your loved ones to the U.S., contact us today to start your immigration journey.
