Email: info@michaelshabani.com Call US: 1-866-975-8472
services-family-residents

Family of U.S. Residents

Family of Green Card Holders (Permanent Residents)

As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.
You May Petition For The Following Family Members:

• Spouse (husband or wife)
• Unmarried children under 21
•Unmarried son or daughter of any age

Application Process
To obtain a green card for your family member, you must:

• File Form I-130, Petition for Alien Relative
• Provide proof of your status to demonstrate that you are a permanent resident.
• Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
• Submit proof of any legal name change for you or your family member (the beneficiary).
See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.
If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” page.

Preference Categories
When petitioning for your relative, the following preference categories apply:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
• Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents
• Third Preference: Married sons and daughters (any age) of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

Bringing Spouses to Live in the United States as Permanent Residents

Eligibility
In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.
How to Bring your Spouse to the United States

 

You are a:

Your spouse is:

How to Apply

U.S. citizen

Inside the United States (through lawful admission or parole)

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

Outside the United States

File Form I-130, Petition for Alien Relative.
When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.

Green card holder (Permanent resident)

Inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.

Outside the United States

File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.

 
If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Military” section of our website.
Required Documentation
To complete the process, the petitioner must submit:

• Form I-130 (signed with proper fee), with all required documentation, including:
• Two completed and signed G-325A forms (one for you and one for your spouse)
• A copy of your civil marriage certificate
• A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
• Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
• Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
• If you are a U.S. citizen, you must demonstrate your status with:
• A copy of your valid U.S. passport OR
• A copy of your U.S. birth certificate OR
• A copy of Consular Report of Birth Abroad OR
• A copy of your naturalization certificate OR
• A copy of your certificate of citizenship
• If you are a green card holder (permanent resident), you must demonstrate your status with:
• A copy (front and back) of Form I-551 (green card) OR
• A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined asa “son” or “daughter”.

Eligibility Requirements

If you are a…

You may petition for…

U.S. citizen

  • Children (unmarried and under 21)
  • Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition.
  • Married sons and daughters (any age) – Your son or daughter’s spouse and/or child(ren) may be included on this petition.

Permanent resident (green card holder)

  • Children (unmarried and under 21) – Your child’s child(ren) may be included on this petition.
  • Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition.

A more detailed description of who is considered a “child” in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the “Military” section of the website.
Required Documentation

  • Form I-130, Petition for Alien Relative (signed with proper fee)
  • Evidence of your U.S. citizenship:
    • A copy of your U.S. birth certificate OR
    • A copy of your unexpired U.S. passport OR
    • A copy of Consular Report of Birth Abroad OR
    • A copy of your naturalization certificate OR
    • A copy of your certificate of citizenship
  • If you are a permanent resident, you must demonstrate your status with:
    • A copy (front and back) of Form I-551 (green card) OR
    • A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
  • If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
  • Proof of relationship.

V Nonimmigrant Visas

The V visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.

Eligibility Criteria

If you are a permanent resident (green card holder), your spouse, child (unmarried and under 21), or the child of your spouse (your step-child) may be eligible for a V visa if:
• You filed Form I-130, Petition for Alien Relative, for your family member on or before December 21, 2000. This includes children (unmarried and under 21) listed on the petition.
• The family member has been waiting at least 3 years since you filed the Form I-130.
• The immigrant visa is not available on an approved Form I-130 petition OR the application to adjust status is pending OR the petition for an immigrant visa is pending.

Application Process

If your family member is inside the United States, you file:
• Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and
• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status.
You can find these forms and detailed instructions in the links to the right.
If your family member is outside the United States:
• He or she must go through consular processing.

Member Logo_3x3_Decal2017badge01 badge02 badge03 badge04

Translate »