If you are a lawful permanent resident of the United States and want to sponsor a relative to become a lawful permanent resident, you will need to apply for and obtain a Family Based Immigrant Visa.
A lawful permanent resident is defined as a foreign national who has been granted the privilege of permanently living and working in the United States.
Overview of Steps for Acquiring a Family Based Immigrant Visa
- The U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition, I-130 for Alien Relative. This petition is filed by the legal resident and must be accompanied by proof of relationship to the requesting relative.
- The Department of State will then determine if an immigrant visa number is available. If an immigrant visa number is available, you can apply to have one of the immigrant visa numbers assigned.
- If already in the United States, the applicant can apply to change status to that of a lawful permanent resident after a visa number becomes available.
- If outside the United States when an immigrant visa number becomes available, the applicant must report to the U.S. Consulate where they reside. The Consulate will then complete the necessary processing.
It is important to note that the alien relative must be lawfully admissible under the Immigration and Nationality Act. Therefore it may be helpful to speak with an immigration lawyer from Probinsky & Cole before applying for any immigration benefit, simply to ensure that all parties are eligible.
Requirements for Petitioners
- Petitioners must be a citizen or lawful permanent resident of the U.S.
Documentation proving status will be required. - Petitioners must prove that they can personally support the new resident at 125% above the poverty line, by filling out an Affidavit of Support.
Eligible Foreign National Relatives
If the sponsor is a legal U.S. Citizen, they may apply for a visa for the following classes of family members:
- Husband or wife
- Unmarried child under 21 years of age
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister, if the sponsor is at least 21 years old
- Parent, if the sponsor is at least 21 years old
If the petitioner is a lawful permanent resident, they may apply for the following individuals:
- Husband or wife
- Unmarried son or daughter of any age. In all situations, the sponsor must be able to provide proof of the relationship to the applicant(s). Please note, same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
We are sure you have many questions, and the immigration attorneys at Probinsky & Cole are here to help. We are a bi-lingual firm dedicated to the practice of Immigration Law, including Family-Based Immigrant Visa law. We have lived, studied and in Latin American, Europe, and China, giving us a unique perspective in understanding the challenges when moving to a new country.
We also are empathetic to being separated from loved ones – and will do what we can to help you through this stressful and unfamiliar process. At Probinsky & Cole, we pride ourselves on maintaining exceptional legal service.
We represent clients in immigration issues such as deferred action, removal/deportation proceedings, permanent residency, citizenship, employment visas, investor visas, and family-based immigration.
