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Permanent
immigration in 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 US or a lawful permanent
resident.
Steps
There
are two categories for unlimited family-based
immigration:
- Immediate
Relatives of US Citizens (IR): A spouse, widow
or unmarried child under the age or 21 of a US
citizen. This category also includes parents of
adult US citizens
- Returning
Residents (SB): Immigrants who previously lived
in the US under lawful permanent resident
status. These individuals should be returning to
live in the US 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 US
citizens.
- Second Preference:
2A—Spouses of lawful permanent residents,
their unmarried children under the age of 21,
and 2B—Unmarried sons and daughters of
permanent residents who are 21 and older.
- Third Preference:
Married children of US citizens.
- Fourth Preference:
Siblings of adult US citizens.
For an
application through either the IR category or one of
the preference catagories, your relative should
first submit an immigrant visa petition, 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. Immigrant visas are always
available for persons in the IR category.When a
number becomes available, you may apply for an
immigrant visa if you are abroad. If you are in the
US, you may be able to file an Application to
Register Permanent Resident or Adjust Status (Form
I-485).
Documents
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 US
- You can support
your relative at 125% above the mandated poverty
line.
You
must also show proof of your relationship with your
relative.
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