Family Based Immigration
U.S. citizens
can file an immigrant visa petition for their :
- Spouse
- Son or daughter
- Parent
- Brother or sister
U.S. Lawful Permanent Residents
can file an immigrant visa petition for their :
Spouse
Unmarried son or daughter
Marriage based Green Card : CR-1 / IR-1 Spousal Visa: To bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder.
- Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
- Consular processing is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are outside of the United States. Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.
For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older.
- Unmarried Sons and Daughters of U.S. Citizens - First Preference Category (F-1)
- Spouses and Children, and Unmarried Sons and Daughters of Lawful Permanent Residents - Second Preference Category (F-2)
- Spouses and unmarried Children under 21 years of age (F-2A)
- Unmarried Sons and Daughters age 21 or older (F-2B)
- Married Sons and Daughters of U.S. Citizens - Third Preference Category (F-3)
- If an applicant was married less than 2 years when he/she obtained permanent residence through marriage, he/she most likely will receive a “conditional” green card valid only for 2 years. You must file form I-751- Petition to remove Conditions on Residence before the two year term is ended.
- Conditional residents who are still married to the same spouse, through which they gained conditional residence, must file the I-751 petition jointly with their spouse. If your marriage has ended in divorce, the death of your spouse, annulment, or other factors, you can request an I-751 waiver of the joint filing requirement.
IMPORTANT : Entrepreneurs who obtained a conditional green card through investment would need to file a different form, called the I-829
- Immediate Relatives: Parents, spouse and unmarried children under the age of 21 of a U.S. Citizen. To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
- Brothers and Sisters of Adult U.S. Citizens Fourth: (F4). Only US Citizens of at least 21 years of age can apply for the siblings. Permanent residents may not petition to bring siblings to live permanently in the United States.
- Fiancé€ visa (K1) for the foreign national. Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that the marriage ceremony can take place. Once married, the foreign national spouse may apply for permanent residence and remain in the United States while USCIS processes the application. Fiancé(e) status automatically expires after 90 days. It cannot be extended.
- VAWA stands for the Violence Against Women Act, which was passed by Congress in 1994. VAWA self-petitioning allows victims of abuse who are close relatives of US citizens and lawful permanent residents to file for legal status on their own without the participation or control of the USC or LPR abuser.
- The U.S. Supreme Court's federal marriage equality decision in 2013 (United States v. Windsor) enforced that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.S. law. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes
Immigrant Adoptions : Immigration through adoption, also known as Intercountry adoption, refers to the adoption of a child born in one country by an adoptive parent living in another country. Adults cannot become United States citizens through adoption.
- USCIS provides three different processes for an intercountry adoption with specific requirements.
- The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.
- The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.
- Many aspects of The Hague and Orphan requirements are similar.
- Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition
An Adult Undocumented Immigrant Must Meet Minimum Age Requirements
U.S. law allows adoption of individuals 16-years-old and younger. In some cases, the U.S. law also allows adoption of children 18-years-old and under in the event the adopting child is a sibling of a child under 16 who has been or will be adopted by the same parents.
The Adopting Parent Must Meet Marriage or Age Requirements
In order to adopt, the parents must include one U.S. citizen and spouse or a single-parent U.S. citizen at least 25-years-old. It is mandatory that the court determine the adopting parent is suitable and eligible to adopt and have the intent to create a permanent legal relationship.
The Adopting Parent Must Meet Marriage or Age Requirements
In order to adopt, the parents must include one U.S. citizen and spouse or a single-parent U.S. citizen at least 25-years-old. It is mandatory that the court determine the adopting parent is suitable and eligible to adopt and have the intent to create a permanent legal relationship.
The Child Must Be Eligible for Intercountry Adoption
The Central Authority of the child’s country of origin must determine that a child is eligible for intercountry adoption. Then, they must approve the proposed adoption placement. Finally, the child must yet have been adopted by or placed within the custody of the prospective parent.
Biological Parents Must Provide Legal Consent
The child’s biological parents or parent must provide irrevocable legal consent for adoption. Further, they must provide written consent reflecting the termination of parental rights.
The Biological Parents Must Be Unable to Provide Proper Care for the Child
The biological parents or parent that provides irrevocable consent to the adoption must be unable to provide proper care for the child. The standard of care will be based on the child’s country of origin’s living standards.
