By Law Offices of Sholeh Iravantchi, PsyD, Esq.
GENERAL OVERVIEW OF FAMILY BASED PETITION
PART I
Family Based Petition allows a U.S. citizen, or a U.S. Lawful Permanent Resident (LPR-Green Card holder) to sponsor their family member to immigrate into the U.S. This process will allow the beneficiary to obtain a Lawful Permanent Resident status (green card) and subsequently become a United States citizen.
The first step to be taken by the U.S. citizen (Petitioner) is to file for the “Petition for Alien Relative”, known as I-130 Petition. The approved petition establishes that a valid family relationship exists, and the beneficiary is eligible to move forward with the adjustment of his/her status.
There are several categories with regards to family members. One that we will discuss is the “immediate relatives” of a U.S. Citizens which does not have a waiting period and has an unlimited number of immigrant visa. On the other hand, other family members that are not part of the “immediate relatives” will fall under “family preference” which has a limited number and waiting period.
WHO CAN PETITION FOR A FAMILY MEMBER?
U.S. Citizen Petitioner
If you are a U.S. citizen over the age of 21, you may file for an immigration visa potion for your relatives. An immigration visa will be available depending upon the ranking (“Preference”) of your family member, as indicated below.
The “immediate relatives” will be placed in the category that will provide immediate visa as there are no limitation and they have priority. Immediate relative consists of: Spouse, Unmarried children under 21 years of age, and parents.
The “family preference” category consist of the following and, depending upon their ranking, and number of available visas, they will have waiting period.
This category consists of: Unmarried adult sons and daughters of a U.S. citizen (First Preference), Married sons and daughters (Third Preference), and siblings of a U.S. citizen (Fourth Preference).
U.S. Legal Permanent Resident Petitioner (LPR)
If you are a U.S. legal permanent resident (LPR/ green card holder), and over the age of 21, you can file an immigration visa petition for your spouse (Second Preference-2A), Unmarried children under 21 years of age (Second Preference-2A), and Unmarried adult sons and daughters (Second Preference-2B).
A permanent resident cannot petition for his or her parents, siblings, or married children. As stated above, this category has a limited number of available visas and has a waiting period depending upon the country that the relative resides in.
One factor that would change the priority date for the beneficiary, is if the petitioner becomes a U.S. citizen. Therefore, changing the beneficiary’s preference status.
Members of the United States Military (“PIP” or “Military PIP”)
In support of the U.S. service members, United States Citizenship and Immigration Services (USCIS) has provided a discretionary path for the active duty service member’s immediate family (Spouse, parent, son or daughter) to seek petitions such as “Parole In Place” or “Deferred Action” on a case by case basis.
The qualified family members (parent, spouse, or child) that entered the U.S. without inspection, may request “PIP” from USCIS office. Providing the individual is present in the United States, they may be “paroled” through what is called “Parole in Place.” The decision in this matter is discretionary and if granted, the “unlawful presence” is a cure for unlawful entry and the adjustment of status can be obtained in the U.S. without going through the consular processing. An important point would be if the individual is “admissible” otherwise.
Please refer to upcoming “Part II” for information related to “Petition for Alien Relative (I-130) and how to adjust your status.
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