Family-Based Green Card Categories

A child can be a derivative beneficiary when two requirements are met:

First, the son or daughter has to qualify as a child under U.S. immigration law. This means the child is unmarried, under age 21, and either a biological, adopted, or step-child.

Second, the petition should not be for "immediate relative" but relatives who immigrate in the first, second, third, or fourth visa preference categories . The “immediate relative” category includes parents, spouse, and unmarried children under 21 years of age of a U.S. citizen.

So when U.S. citizen petitions for his mother the mother cannot bring her other children (brothers and sisters of the petitioner). But if the mother who is permanent resident petitions for her child, that child can bring her children with her.

Immediate Relative Immigrant Visas are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

IR-1: Spouse of a U.S. Citizen
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
IR-5: Parent of a U.S. Citizen who is at least 21 years old

Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

If your relative is in the U.S. and is eligible to adjust his or her status you can file the full package of documents at the same time.

You must submit Form I-130, Petition for Alien Relative
You must file Form I-864, Affidavit of Support
If the Petitioner does not meet the poverty guidelines, Co-sponsor has his Form I-864, Affidavit of Support
Your relative has to file Form I-485, Application to Register Permanent Residence or Adjust Status
You relative may file Form I-765, Application for work authorization
You relative may file Form I-131, Application for Travel Document

Other family members are subject to limited visa numbers available to them depending on their relationships. There are four preference categories for limited family-based immigration:

First Preference: (F1) Unmarried sons and daughters of US citizens over 21 years old.
Second Preference:
(F2A)—Spouses and Children (under the age 21) of Permanent Residents;
(F2B)—Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents;
Third Preference: (F3) Married Sons and Daughters of U.S. Citizens;
Fourth Preference: (F4) Brothers and Sisters of Adult U.S. Citizens.

Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident)

To bring a family member using consular processing is this is three-step process:

First, you must submit Form I-130, Petition for Alien Relative with USCIS

Second, once the I-130 Petition is approved, you need to submit Form I-864, Affidavit of Support and Civil Documents to National Visa Center (NVC).

Third, the immigrant needs to compete immigrant visa process at the appropriate consulate.

Q: If I file on behalf of my relative (I-130 pending) will he/she be able to come to the U.S. on a valid visitor’s visa (B-1/B-2) or under the Visa Waiver program when he/she can prove that they are planning to return to their home country?

A: Having a pending I-130 is certainly evidence of possible immigrant intent; however, it is possible to prove that the person has no intention to immigrate ON THAT VISIT. The traveler should NOT lie about the I-130 if asked at the border or about why they are coming to the U.S. In cases such as this, they should bring evidence that they will return to their country of residence such as lease/mortgage papers, latest checking account statement, latest pay stub, utility bills, round trip tickets and other solid proof that they intend to return.

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Check the requirements for the petitioner who wants to apply for:

Parents

Child/ Son or Daughter

Spouse

Brother or Sister

When Children Can Immigrate as Derivative Beneficiaries

Immediate relatives

How to apply for a relative who is in the U.S.

Other family members

How to apply for relative who is outside of the U.S.

Frequently Asked Questions

Bring you family to the U.S. We will help you to start the green card application process for your parents, children, spouse, brothers and sisters. Family sponsorship is one of the most popular ways to obtain green card.

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