• Family Based Immigration
  • May 19, 2010
  • Law Firm: The Law Offices of Grinberg & Segal, PLLC - New York Office
  • One method of obtaining lawful permanent residency is through a qualifying relative who is either a United States citizen or a lawful permanent resident. United States citizens and lawful permanent residents can help their qualifying foreign relatives in petitioning for lawful permanent residency in the United States and eventually even citizenship. There are different categories family-based immigration. The category a foreign national falls into depend upon two factors: (1) whether the petitioning relative is a U.S. citizen or lawful permanent resident; and (2) the foreign national relationship to the petitioning relative.
    There are two categories of unlimited family-based immigration: immediate relatives of United States citizens and returning residents. An immediate relative can be a spouse of a United States citizen, widow of a United States citizen, unmarried child under the age of 21 of a United States citizen, or a parent of an adult United States citizen. Returning residents are immigrants who previously resided in the United States with lawful permanent resident status and are returning to live in the United States after residing abroad for more than one year.
    There are four preference categories for limited family-based immigration. The first preference category consists of unmarried children of United States citizens who are over the age of 21. The second preference is divided into 2A and 2B.Spouses of lawful permanent residents as well as their unmarried children underthe age of 21 fall into the 2A category whereas unmarried sons and daughters of lawful permanent residents who are over the age of 21 fall into 2B category.The third preference consists of married children of United States citizens.The fourth preference category consists of siblings of adult United States citizens.
    Foran application through either the immediate relative category or one of the preference categories, the United States citizen or lawful permanent residentshould first file an I-130 Petition for Alien Relative with the Bureau of U.S.Citizenship & Immigration Services. This form should be accompanied by the proofof the petitioner’s United States immigration status and proof of the relationship between the petitioner and beneficiary. The petitioning United States citizenor lawful permanent resident must prove he or she can support his or her relative 125% above the poverty line. If the United States citizen or lawfulpermanent resident does not meet this financial criterion, then he or she will need a joint sponsor or their assets will be taken into account.
    Uponapproval of the I-130 Petition for Alien Relative, the Department of State will determine if an immigrant visa number is available for beneficiary. Immigrant visas are always available for persons in the immediate relative category. However,immigrants in the preference categories may apply for an immigrant visa over seasonce a visa number is available. If the beneficiary of the I-130 Petition forAlien Relative is in the United States, they may be able to file an I-485 Application to Register Permanent Resident or Adjust Status with the Bureau of U.S.Citizenship & Immigration Services.