How do I help my relative become a U.S. Permanent Resident
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Posted by: Admin, on 5/31/2009, in category "Keeping Families Together"
Views: this article has been read 54872 times
Abstract:

How Do I…
Help My Relative Become
a U.S. Permanent Resident?


As a permanent resident of the United States, you may help a relative become a lawful permanent resident based on your status. To do so, you will need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States.

You begin the process by filing Form I-130, Petition for Alien Relative. An I-130 form is available on our website under the Forms link.

Which relatives may I petition for?
A permanent resident of the United States can file a petition for the following relatives:
• Husband or wife; and
• Unmarried child(ren), regardless of age.
Note: Only U.S. citizens may petition for married children. When you submit your petition, you are required to provide
evidence to prove your relationship to the person for whom you are filing.

What does the petition do for my relative?
Filing an I-130 relative petition and proving a qualifying relationship gives your relative a place in line for a visa number among others waiting to immigrate based on that same kind of relationship from the same country or region. When your relative reaches the head of the line, he or she may be eligible to immigrate.

For example: You file an I-130 petition for your husband or wife. When approved, your petition gives him or her a place in the line of people from the same country who are also husbands and wives of permanent residents. Your relative’s place in line will be based on the date you file your petition. Therefore, there is an advantage to filing as soon as possible. While there is no waiting line for most immediate relatives of U.S. citizens, sons and daughters over 21 years old will have a waiting time. So if you naturalize while your relatives are waiting for visas, they may be able to immigrate sooner.

What about my relative’s family?
In most cases, when your spouse’s place in line is reached, his or her unmarried children under 21 years old can follow to join the relative on the same visa petition. However, if an unmarried child turns 21 years old before reaching the "front of the line," you will need to file a new separate petition for each child included on the original petition. You should follow instructions and include a copy of the receipt notice for the original petition.

What if my unmarried child marries?
A petition for an unmarried child will be automatically revoked if he or she marries, since there is no visa category for a married son or daughter of a permanent resident. However, if you become a U.S. citizen before your child marries, you can continue the immigration process by filing a new I-130 visa petition for your child.

After I file, how long will it take before my relative can immigrate? For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. If you are interested in current wait times, see “Visa Bulletins” on the State Department’s website at www.travel.state.gov/visa.

Can my relative wait in the United States until he or she can become a permanent resident? No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

Does filing a relative petition commit me to anything?
Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition, when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of  Support. If you do not meet the financial qualifications, then other individuals will need to make this commitment.

How do I file?
Follow the I-130 petition instructions and check the USCIS website for any updates on instructions or fees. Your attorney will make sure your petition is complete, signed, and submitted with correct fees. You will need to submit evidence of your permanent residence, such as a copy of your Permanent Resident Card (front and back). You will also need to
provide evidence proving your qualifying relationship to each person for whom you are filing.

What happens after I file?
USCIS will mail a receipt confirming that its has received your petition. If your petition is incomplete, they may have to reject it, or they may ask you for more evidence or information, which will delay processing. All required papers should be sent the first time to avoid delays. USCIS will notify you when they make a decision. Petitions with long wait times may not be approved immediately.  Normally, if the petition is approved, it is sent  to the U.S. Department of State’s National Visa Center (NVC). When your relative’s place in line permits issuance of a visa number, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas. You can find more information about immigrant visa processing from the U.S.
Department of State’s website at www.state.gov.

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen? If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your spouse and any unmarried children under age 21 will have visas immediately available to them.

• If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the U.S. Department of State’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen. Requests to upgrade petitions are sent to:

National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909

A letter is included with information regarding your relative, a copy of your Naturalization Certificate, and a copy of the petition approval notice. Once the NVC is notified that the petitioner has been naturalized, the NVC will immediately send the visa information on your relative to the designated U.S. Embassy or consulate abroad. To confirm that your approved petition has been forwarded to the NVC, you can contact the NVC’s automated record message system at 1-603-334-0700 and, with a touchtone telephone, enter your USCIS receipt number.

• If you become a U.S. citizen and your relative’s petition has not yet been approved by USCIS, you will need to notify the Service Center where you filed your relative’s visa petition. You should send the notification to the Service Center address located on the receipt notice you received when you filed your Form I-130 petition. A letter should be included with information regarding your relative, a copy of your Naturalization Certificate, and a copy of the petition receipt notice.

• If your relative is your spouse and he or she has children who are your natural children, stepchildren, or adopted children, and you did not file separate petitions for them, you must file a separate petition for each of them with evidence of your U.S. citizenship.

How long will it take USCIS to process my petition?

Since processing time depends on a number of factors, it is difficult to provide a timeframe.  Once you file a relative petition, USCIS will post an updated estimate of the processing time on their website.

Key Information

Key USCIS forms referenced in this article :
Form #s
Petition for Alien Relative I-130
Affidavit of Support I-864
 

Article source: USCIS


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User Feedback
Comment posted by khelifa on Saturday, June 27, 2009 5:40 AM
                                        To sir:
    Object: request of help about I-130 immigration.

I am a young age algerien man of 21 etudiant years.
          I want to  ask you  some quetions if you can answer me please.
1-After the approval of a back of I-130 immigration categorie 2 preference B1 in the Uscis,how many  of time that  expects to me delivrer a visa?
2-when Uscis approved my case, my age is under  21 years, on the other hand nowing I am 21 years old and 5 days, then how you tritez this case? is this that like a B1 minor else like a B2 major?                                    thanq you.
Comment posted by khelifa on Saturday, June 27, 2009 5:41 AM
                                        To sir:
    Object: request of help about I-130 immigration.

I am a young age algerien man of 21 etudiant years.
          I want to  ask you  some quetions if you can answer me please.
1-After the approval of a back of I-130 immigration categorie 2 preference B1 in the Uscis,how many  of time that  expects to me delivrer a visa?
2-when Uscis approved my case, my age is under  21 years, on the other hand nowing I am 21 years old and 5 days, then how you tritez this case? is this that like a B1 minor else like a B2 major?                                    thanq you.
Comment posted by ENRIQUE BERNARDEZ GUITY on Friday, July 24, 2009 4:27 AM
Object: request of help about I-130 immigration.

Hello there, my name is Enrique i want to ask some question regarding my pending I-130. I mailed my wife petition 0n 01/17/2009 when i was still a LPR, on 07/02/2009 I became a Us Citizen, I called to upgrade the petition the following day. My question is: how long approximaly is it gona take for my petition to be approved? My petition is in vsc.
Comment posted by analyn on Tuesday, January 26, 2010 4:51 PM
I filed a petition for a relative(brother) when I was a permanent resident, but I am now a U.S. citizen?
Comment posted by analyn on Tuesday, January 26, 2010 4:56 PM
i file since september 2006 for my brother when i was a permanent resident,but now i am a us citizen since last year.how long the approximaly wait??? please need help???
Comment posted by analyn on Tuesday, January 26, 2010 5:04 PM
do anyone can help me about my question??? can u even ask a qeustion without payin someone...
Comment posted by sylvanus on Friday, July 02, 2010 7:19 AM
Hi everyone!
my name is sylvanus and i possess the status of permanent resident of USA, my son is above 21 and unmarried, i want to sponsor him  through I-130, what will be fee for this purpose, what will be the status of this application if he becomes married before i become citizen?  please help me in this regard.  Thanks.
Comment posted by Kuntia Julie Penn on Monday, September 27, 2010 12:15 AM
I filed petitions for my parents who have 2 children under 21 years of age. Why NVC or USCIS do no allow their children to immigrate to USA with them? Are the children under 21 and unmarried supposed to immigrate the same time with the parents? Please clarify this case to me as soon as possible to my E-mail above
Comment posted by suzette on Monday, November 08, 2010 4:22 PM
I filed petitions for my parents who have 2 children under 21 years of age. Why NVC or USCIS do no allow their children to immigrate to USA with them? Are the children under 21 and unmarried supposed to immigrate the same time with the parents? Please clarify this case to me as soon as possible to my E-mail above
Comment posted by fglenoaks on Sunday, January 09, 2011 3:30 PM
sure when you apply for your parents all children under 21 years old will be immigrate at the same time that is the low in United State

Comment posted by John on Tuesday, March 22, 2011 1:57 AM
PLEASE ANYBODY CAN ADVISE ME

I AM NOW IN UNITED STATES AS TOURIST CAN MY RELATIVES FILE AND PETITION FOR ME?
SHE'S PERMANENT RESIDENCE STATUS.
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:15 AM
i filed my petition to my wife last july 2010 as a immigrant how long does it takes to approved?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by spiro panaligan on Tuesday, December 27, 2011 9:17 AM
if i am a us citizen,how many months that it takes to petition my wife and son?
Comment posted by geo on Tuesday, April 03, 2012 9:44 PM
i came to mexico and my husband filed a petition for me about a year ago and im still stuck over here how much longer do i have to wait is there anything i can do or say to speed things up
Comment posted by Hamza on Tuesday, November 06, 2012 12:39 AM
I am a permanent resident,
is it  better to file I 130 for your wife before applying for a citizenshop, or after having the cizenship?
I am close to apply for citizenship.
Comment posted by Douha on Thursday, December 27, 2012 4:55 PM
I am citizen in  u.s , I want to bring my brother that is 25 years . Some people said to me that I should apply the form I130 . Is it true? Can you advise me please on which form should I apply? And is it guarantee to get the approval.
Comment posted by Douha on Thursday, December 27, 2012 4:57 PM

I am citizen in  u.s , I want to bring my brother that is 25 years old. Some people said to me that I should apply the form I130 . Is it true? Can you advise me please on which form should I apply? And is it guarantee to get the approval.
Comment posted by SAM on Wednesday, April 24, 2013 11:06 AM
My SISTERS WANT TO APPLY FOR HER 26 YEARS PREVIOUS MARRIAGE SON AND HE GOT MARRIED.CAN SHE APPLY FOR IMMIGRANT FOR HIS SON.WHAT IS THE LAW CAN SHE APPLY OR NOT.PLEASE ADVICE
Comment posted by Jesse Aguirre on Monday, May 13, 2013 4:14 PM
How can i help my Mexican grandparents become US residents? I am a US citizen, and my parents are US residents.
Comment posted by Abdul on Friday, May 17, 2013 10:44 AM
hI, I have a question, i applied for sibling and at the time of application my sibling son age was 11 years. Now the case is current and siblings son age is more than 21 years old. can the son of my sibling still come with his parents, he is still unmarried.
Comment posted by suzan on Tuesday, July 23, 2013 1:50 PM
my mom filed for me under the category unmarried daughter 21 years and older. The file has been approved and she was told that she will receive a paper within 4 weeks time to pay for the visa processing.How much time do i have to wait for a visa from the visa center?
Comment posted by AADIL on Thursday, July 25, 2013 3:46 PM
I have come with my family to usa for my child who is 16 months for his medical reasons on medical visit visa and will expire in 3 months. my child condition is an ongoing treatment. what are the options for us to stay permanently here?
my brother is an US citizen and applying for 130 but then what happens next to become lagal.....
Comment posted by Ritu on Thursday, August 22, 2013 9:52 PM
I am a US citizen for past three years. My parents have a B1/B2 visa which just expired after 10 years. How can they become US citizens?

Thanks
Ritu
Comment posted by y on Thursday, October 31, 2013 9:08 AM
I am citizen in  u.s , my brother that is 25 years unmerried ,here is on student visa in united state. i already apply the form I130 for him .is it possible he can able to get immigration or green card? Is it true? Can you advise me please on which form should I apply? And is it guarantee to get the approval.
Comment posted by dppatel on Sunday, December 29, 2013 12:43 PM
my sister usa citizan & she is filled i-130 for my parents and me & my age 25-unmarried.is possible my
visa?
Comment posted by CArlos Franco on Tuesday, February 04, 2014 8:34 PM
I file a petitition for my daughter and her child, now the petition is in the NVC. but now my daughter has another baby how I include this baby.
Comment posted by cindy on Friday, March 14, 2014 1:13 AM
how i got my lover back. I have been dating him for 2yrs now, we have never had a misunderstanding that would lead to us leaving each other till last 3month when my lover accused me of cheating when am not, his jealousy turned us apart. every-time i message him or call him he tells me to go and meet my new boyfriend that he has found himself a girlfriend too, I was so depressed that i could not take it any more then i told a friend what i was going through. That was how i was introduced to Dr anu  online who they say it does spells. I told him all that happened and. Dr anu said that i shouldn't worry that he is going to restore my happiness At first I didn't want to believe him when he said my lover is now dating someone else that's why he is looking for an excuse to leave me. he was right  because after  he done the spell to return my lover to me the other girl was trying to intrude into our relationship again that was when my lover beats her up and warned her never to come closer ever again. Dr anu spells worked to my satisfaction. you can also email him for help or Restoration is well trust and believe his email. anuspiritualhome@gmail.com
Comment posted by joan loraine aclon on Saturday, March 15, 2014 1:25 AM
how many years i waited before i petition my son 9 years old. I'm a new immigrant and this is only my 3 days in guam, how acan i start processing the petition of my son, and for how many long. thanks
Comment posted by masou on Sunday, May 04, 2014 11:48 PM
hi I won in Dv lottery and my sons and I got our visa but my husband reached to numerical limit of visa and he didn't get his visa,now Im a permanent resident and applied for my husband as a permanent resident,I approved   as a petitioner,CAN I GO BACK TO MY CUNTRY UNTIL  FURTHER STEPS.

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