Process For Family Based US Residency
Step 1:The United States Citizen Relative files USCIS Form I-130, Petition for Alien Relative
Step 2: Wait for Petition Approval
Step 3: Acquire an Immigrant Visa Number from Department of State
Step 4: Apply for Immigrant Visa in Home Country
Step 1: The United States Citizen Relative files Form I-130, Petition for Alien Relative
The first step is for the relative who is a US citizen to file the I-130 Petition for Alien Relative and await the USCIS approval of the immigrant visa petition. This petition is filed by the relative (sponsor) and must be accompanied by proof of relationship to the requesting relative (applicant) as well as other documents. This petition is to be filed by the US Citizen sponsor in the United States at the United States Citizenship and Immigration Services (USCIS).
Step 2: Wait for Approval of Form I-130, Petition for Alien Relative
a I-797 C Receipt Notice
When the USCIS receives the completed petition, you will be mailed a receipt called I-797C, Notice of Action. Using the receipt number contained in the notice, you can track the process of the case online at www.uscis.gov
b. Additional Information
If USCIS needs any additional information, it will mail you a letter called RFE (Request for Further Evidence). Follow the instructions in the letter and provide the appropriate information. You petition will not be processed unless all the information is received by USCIS.
c. Application Status/ How Long Does this Take?
Immediate family members (spouse, child and dependent mother and father of the US Citizen) have priority status and their applications may take six months to a year for processing. For other relatives, it may take several months to 10 years for application to be processed.
Step 3: Acquire an Immigrant Visa Number from Department of State
When the petition is approved by the USCIS the relative seeking permanent residence can make an appointment with the nearest US consulate in their home country for an immigrant visa interview and application. An immigrant visa can be valid for six months from date of issuance.
There is a slightly different process for visa acquirement for immediate relatives (husband, wife, parent or unmarried minor child of a United States citizen) versus non-immediate relatives.
For Immediate Family Members (husband, wife, mother, father, unmarried minor child)
- They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit. Once the petition is approved for immediate relatives a visa number will be issued to them right away.
- Make an immigrant visa interview appointment with the nearest US Consulate serving your home country.
- There are a few requirements before the interview, like getting a medical exam, and getting certain vaccinations. Please refer to the US consulate serving your area for the requirements.
- If you’re already in the United States legally: You can now apply for an adjustment of status to permanent resident.
For Non-Immediate Relatives
There are a limited number of immigrant visas issued to alien relatives each year. The Department of State must determine if an immigrant visa number is immediately available to the foreign national applying for permanent residence (even if you are already in the United States). When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State’s Visa Bulletin.
The visas are processed in the order in which the petitions are properly filed and accepted by the USCIS. To be considered properly filed, a petition must be complete with appropriate supplemental documents and signed and the fee must be paid.
How long will this take?
In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, the State of Department limits the number of visas issued for different countries. So, expect longer delays if you country has a long list of people waiting for immigrant visas.
Check for Visa Number Status
You can visit the State Departments website at www.travel.state.gov
Visa Number Issuance Preference
The non-immediate relatives must wait for a visa to become available according to the following preferences:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents, and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their children.
- Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
- Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.
How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State’s National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the beneficiary (the person the visa is applied for) when the visa petition is received and again when an immigrant visa number is available.
You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa.
Step 4: Apply for Immigrant Visa in Home Country
If applicant is applying out of the United States
If you are outside the United States when an immigrant visa number becomes available to you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing.
- Get your visa number from Department of State
- Make an immigrant visa interview appointment at the nearest US Consulate in your home country
- Fulfill the requirements for immigrant visa such as medical, fingerprinting, & etc. Find out more about the requirements for the visa.
- Get your visa stamped and buy your ticket to the United States.
- Wait for your green card??
Note: You don’t need a work permit once you have a green card. - Apply for social security.
If Applicant is Already in the United States Legally
If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you at your nearest USCIS office. Use the Form I-485 to register as a permanent resident and to adjust your PR status and to receive your green card.
Step 5: Get Social Security Number
Your relative can apply for a social security number card once they’re in the United States. There are many advantages of having a social security number card the sooner the better.
A permanent resident of the United States needs a Social Security number to:
- Work in the United States
- Conduct business with a bank or financial institution
- Pay taxes or to be claimed on a tax return
- And for other purposes not listed.
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