Permanent immigration to the U.S. comes with a variety of rights and privileges. One method to obtaining lawful permanent residency is through a relative who is either a citizen of the U.S. or a lawful permanent resident.
Family-based Immigration: Who is eligible?
There are two categories for unlimited family-based immigration:
- Immediate Relatives of U.S. Citizens (IR): A spouse, widow or unmarried child under the age or 21 of a US citizen. This category also includes parents of adult U.S. citizens.
- Returning Residents (SB): Immigrants who previously lived in the U.S. under lawful permanent resident status. These individuals should be returning to live in the U.S. after being abroad for more than one year.
There are four preference categories for limited family-based immigration:
- First Preference: Unmarried children over the age of 21 of U.S. citizens.
- Second Preference: Spouses of lawful permanent residents, their unmarried children under the age of 21, and unmarried children under the age of 21 of lawful permanent residents.
- Third Preference: Married children of U.S. citizens.
- Fourth Preference: Siblings of adult U.S. citizens.
Your relative should first submit an immigrant visa petition, the I-130 Petition for Alien Relative. This form should be accompanied by proof of your relationship to your relative.
Upon approval of this petition, the Department of State will determine if an immigrant visa number is available for you. When a number becomes available, you may apply for assignment of that number.
In order to sponsor a relative for lawful permanent residency, you must prove the following:
- You are a citizen or a lawful permanent resident of the U.S.
- You can support your relative at 125% above the mandated poverty line.
You must also show proof of your relationship with your relative.
Immigrant Visas Through Adoption
International adoption is a big issue for Americans of varying backgrounds. However, the process can be cumbersome, long, tedious and costly. Advance planning is what anyone planning adoption needs to undertake. We can advise you on the various requirements for international adoption such as whether you are eligible to adopt a child overseas, how to plan for a home study in the state in which you reside, steps for locating a child overseas or if you have an identifiable child, how to determine whether the child is considered an orphan under U.S. immigration law, and on how to file necessary documents that will allow you to bring the child into the U.S. One simple piece of advice, do your homework to avoid legal, emotional and financial stress!
If you would like to know more information regarding any type of U.S. temporary visa, do not hesitate to contact our immigration lawyer at Boulder, Colorado. Murad & Murad, P.C., for an initial consultation at (303) 449-5535.