If an immigrant visa is not available, he must wait until one is available. Particularly, the yearly number of visas issued to citizens of any country under a specific preference category cannot exceed 7% of the limit allocated to the specific preference category. The sponsor files Form I-130, Petition for Alien Relative with the USCIS, along with relevant documents like a marriage certificate, a birth certificate or other information proving they are related to the immigrant. The waiting time for aliens falling under this category is about 2 years. Do they have the right to deport me, because i a son born in the USA. Be sure all the answers on this form are accurate. Once that’s squared away, it will likely take another three to six months or longer to get an immigrant visa to come to the US. You can check the most recent visa bulletin for July 2017. The fourth preference includes the brothers and sisters of adult US citizens. In the case above, Amira’s parents will not need to wait for their priority date to become current. You will need to meet certain income requirements before you can sponsor your parents for a green card. The second preference includes spouses and unmarried children of lawful permanent residents. (There is an exception for immediate relatives who will be adjusting status in the U.S., as described below; they can submit the I-130 and adjustment packet, including Form I-485, concurrently to USCIS.). This process, on average, takes between one and two years to complete after meeting the residency requirement. Poverty Guidelines or 100% for military families. The below describes how the process normally happens. The husband and wife should additionally be of legal age to get married.The marriage must actually still exist; a former marriage to a U.S. citizen does not qualify to apply for a green card. To do this, you will file a Form I-130 petition for alien relative with CIS. The third preference includes married sons and daughters of US citizens. And the approx processing time? Citizenship and Immigration Services (USCIS). IR-5 – Parent of U.S. citizen. U.S. citizen is a big deal. The following documents can be used a proof of U.S. citizenship by the sponsor: After confirming that you are eligible to petition your parents for a green card, it’s time to fill out the long paperwork. After the sponsor signs Form I-864, Affidavit of Support, she is legally required to financially support the immigrant. For more on this, see How to Determine Your Priority Date. Lindsay Kramer is a freelance writer and editor who has been working in the legal niche since 2012. A separate petition needs to be filed for each parent. Finally, your parents must not be found inadmissible due to public charge, communicable disease, immigration violations or criminal record. https://www.immihelp.com/immediate-relatives-us-citizens-family-based-greencard/. For information about your privacy, please read our Privacy Policy and Terms of Use. In such cases, filing separate petitions for children is not to get a K4 visa (which they can get based on your spouse’s K3 visa), but to eventually apply for adjustment of status in the United States. At every step of the way, you will be dealing with a government agency that is backlogged with other applicants. The sponsor is the individual who takes financial responsibility for the immigrant once he reaches the United States, which can include providing a place for him to live. If the immigrant does become a public charge, the sponsor is required to reimburse the federal government for the cost of the benefits used; if he does not, the federal agency involved in the case may sue him for reimbursement. If you are filing for your spouse, have children immigrating with your spouse, are a U.S. citizen, and going to get a K3/K4 visa for your spouse/children, you should submit separate visa petitions for those children. A petition must be filed within two years of the death of the U.S. citizen Each step of the process can take weeks or months. In some cases, a sponsor may be required to complete an interview with USCIS as part of her loved one’s immigration sponsorship process. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. As the petitioner, you must meet the income requirement for your household size plus your parents. Various factors can stretch the process into months or years, depending on: Warning: The coronavirus or COVID-19 pandemic has resulted in long delays in every part of the immigration process. JavaScript is disabled. The process of sponsorship of a family member might take from several months to several years depending on the status of the petitioner and the family relationship between the petitioner and the beneficiary. If you are the immigrating person's “preference relative,” meaning that you are a U.S. citizen and he or she is your child over 21, married child, or sibling, then visas are limited by year, and long waits often exist in each category. There are many things, on the other hand, that would tend to prove a bona fide marriage exists, such as children conceived during the marriage, staying in the same house, shared finances, joint property ownership, etc.Marriage to the U.S. citizen must itself be valid, i.e., the husband and wife were each legally able to get married. A U.S. citizen over age 21 can sponsor his parents, siblings and adult and married children. Depending on what the conviction was, your parents may be inadmissible if they have committed serious crimes such as murder or child molestation. Filing for bankruptcy also does not eliminate a sponsor’s financial obligation. If the child was born while the sponsoring parent was married to the partner, the sponsoring parent can be either the mother or the father. What Happens After I Get My I-130 Approved by Marriage? Based on the priority date allocated to a petition and the date of final action for the specific preference category, the petitioner and the foreign beneficiary can approximately determine how long they will have to wait until the immigrant visa becomes available. It is also important to remember that if the marriage took place within two years of getting permanent residence, it is done so on a “conditional” basis only. If an applicant needs to work with a translator to complete the interview, his petitioner usually cannot be the one to translate because the translator needs to be a disinterested third party. By continuing to browse this website, you agree to our use of cookies. The exact forms and process depend on whether your relative will be adjusting status in the U.S. or going through consular processing from another country. Awesome, right? First the U.S. citizen must file a Form I-130 with the USCIS. The Immigration and Nationality Act (“INA”) has created the category of so called immediate relatives of US citizens who are exempt from numerical limits and per country quotas. awaiting a receipt notice from USCIS after submitting Form I-130, if your relative will be coming from abroad and consular processing, awaiting transfer of the case to a U.S. consulate and correspondence from the National Visa Center, if your relative is in the U.S. and will be adjusting status, awaiting a receipt notice and then a, waiting for the FBI and other security agencies to process your relative's fingerprints and do a name check, and. The green card process for a fiance who comes to the United States on a K1 visa is somewhat different from the process for other relatives, and it starts with Form I-129F, Petition for an Alien Fiance. This category is NOT for the immediate relatives of U.S. citizens, but is listed here because it has no annual quota. Good luck. Family members that fall under one of the preference categories will have to wait for years until they get a chance to immigrate to the US. INA § 202(a)(4)(A). In addition (usually later), you will need to prepare an Affidavit of Support on Form I-864, together with documents proving that you are able and willing to support the immigrant at an amount that is at least 125% of the U.S. Particularly, citizens of Mexico shall wait 21 years, citizens of the Philippines shall wait 11 years, while the citizens of all other countries have to wait 7 years. After committing to sponsoring someone for citizenship, the sponsor is responsible for getting the immigration process started. If the child was born while the sponsoring parent was married to the partner, the sponsoring parent can be either the mother or the father.
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