PERMANENT RESIDENCE

In general, immigrating to the United States can be through a job offer or through a permanent residence status. However, the groups that are eligible under permanent residence can be subdivided into three basic sub-categories. The group that are eligible through immediate relatives of U.S citizens, secondly, the group that are eligible through close family members of a U.S citizen and lastly those that are eligible by being a spouse and unmarried children of a permanent resident or U.S. citizen. There is a numerical limitation to granting visas every fiscal year and the visas are assigned according to the alien’s “priority date”, which is the date the immigrant visa petition is filed with the immigration service. However, there is no limitation placed on the number of immediate relatives of citizens who may become permanent residents in any one fiscal year.

-Spouse of a Permanent Resident

An individual married to a U.S citizen can qualify for immigration, however the marriage MUST NOT be the type of marriage that is entered into in order to obtain immigration benefits. If a spouse of a citizen was married within two years before becoming a permanent resident, he or she is eligible for employment, ability to travel in and out of the United States, physical presence for naturalization as a U.S Citizen and time toward compliance with residence. An alien’s status is subject To termination with two years after it is granted if the marriage has terminated due to divorce or other consequences.

Spouses of deceased citize

PERMANENT RESIDENCE

In general, immigrating to the United States can be through a job offer or through a permanent residence status. However, the groups that are eligible under permanent residence can be subdivided into three basic sub-categories. The group that are eligible through immediate relatives of U.S citizens, secondly, the group that are eligible through close family members of a U.S citizen and lastly those that are eligible by being a spouse and unmarried children of a permanent resident or U.S. citizen. There is a numerical limitation to granting visas every fiscal year and the visas are assigned according to the alien’s “priority date”, which is the date the immigrant visa petition is filed with the immigration service. However, there is no limitation placed on the number of immediate relatives of citizens who may become permanent residents in any one fiscal year.

-Spouse of a Permanent Resident
An individual married to a U.S citizen can qualify for immigration, however the marriage MUST NOT be the type of marriage that is entered into in order to obtain immigration benefits. If a spouse of a citizen was married within two years before becoming a permanent resident, he or she is eligible for employment, ability to travel in and out of the United States, physical presence for naturalization as a U.S Citizen and time toward compliance with residence. An alien’s status is subject To termination with two years after it is granted if the marriage has terminated due to divorce or other consequences.

-Spouses of deceased citizens

Spouses of deceased citizens are also eligible as immediate relatives. In order to qualify, the alien must have been married to the deceased for a minimum of two years without separation. The petition must be filed within two years after the date of death. The immigrant must remain unmarried at this time.

-Children of a U.S Citizen

In order for a U.S citizen to bring in a child, the child must be unmarried and also under the age of 21 years. There are sophisticated rules regarding children born out of wedlock and adopted children. Although children born in wedlock, out of wedlock and adopted children are qualified, the citizen-father may petition for his child born out of wedlock only if the child was legitimated prior to the age of 18 and the child is in his legal custody. If the child is not in his legal custody, then he must have proved that he has had a legitimate parent child relationship with his child. In the case of an adopted child, the adoption must have been finalized prior to the 16th birthday of the child. If this is a stepchild/children, the relationship must have began and established before the child/children 18th birthday. After the year 2001, the foreign born children adopted by U.S citizen will automatically acquire U.S Citizenship on the date they immigrate to the U.S only if the alien is 21years or older.

-Other closed family members of a U.S citizen
Other close family members of a U.S citizen are eligible. However, there is an order of preference for these visas to be allotted to the alien.
-Unmarried children of citizens
-Spouses + unmarried permanent resident aliens
-Married children of citizens
-Siblings of citizen

REQUIREMENTS

-immediate relatives of U.S citizens meaning spouse, children and parents of a U.S citizen
-close family members of citizens or permanent resident in order of preference mentioned above.

APPLICATION PROCESS

Application process is very straight forward. The application must be filed by the sponsor NOT the alien.

Form I-130
Documentation to establish U.S citizenship or Permanent resident status of petitioner and a documentation to establish relationship between petitioner and beneficiary.
Form G-28
Form G-325A
Two full-face passport style color photographs
Filing fee of $190 payable by check or money order to the “Department of Homeland Security”, or “U.S. Citizenship and Immigration Services”. ns
Spouses of deceased citizens are also eligible as immediate relatives. In order to qualify, the alien must have been married to the deceased for a minimum of two years without separation. The petition must be filed within two years after the date of death. The immigrant must remain unmarried at this time.

-Children of a U.S Citizen

In order for a U.S citizen to bring in a child, the child must be unmarried and also under the age of 21 years. There are sophisticated rules regarding children born out of wedlock and adopted children. Although children born in wedlock, out of wedlock and adopted children are qualified, the citizen-father may petition for his child born out of wedlock only if the child was legitimated prior to the age of 18 and the child is in his legal custody. If the child is not in his legal custody, then he must have proved that he has had a legitimate parent child relationship with his child. In the case of an adopted child, the adoption must have been finalized prior to the 16th birthday of the child. If this is a stepchild/children, the relationship must have began and established before the child/children 18th birthday. After the year 2001, the foreign born children adopted by U.S citizen will automatically acquire U.S Citizenship on the date they immigrate to the U.S only if the alien is 21years or older.

-Other closed family members of a U.S citizen
Other close family members of a U.S citizen are eligible. However, there is an order of preference for these visas to be allotted to the alien.
-Unmarried children of citizens
-Spouses + unmarried permanent resident aliens
-Married children of citizens
-Siblings of citizen

REQUIREMENTS

-immediate relatives of U.S citizens meaning spouse, children and parents of a U.S citizen
-close family members of citizens or permanent resident in order of preference mentioned above.

APPLICATION PROCESS

Application process is very straight forward. The application must be filed by the sponsor NOT the alien.

Form I-130

Documentation to establish U.S citizenship or Permanent resident status of petitioner and a documentation to establish relationship between petitioner and beneficiary.

Form G-28

Form G-325A

Two full-face passport style color photographs
Filing fee of $190 payable by check or money order to the “Department of Homeland Security”, or “U.S. Citizenship and Immigration Services”.