Permanent Residence

Through a USC Famly Member

Can a United States citizen relative help you become a legal permanent resident? Yes.

One of the most common ways of becoming a permanent resident is when a family member “sponsors” or helps you. If your sponsor is a citizen, the process can take under one year. Why so quickly? There is no need to wait for a visa.

Who can apply?

• A Spouse
• Unmarried children under 21
• A parent if the U.S. citizen is over the age of 21(young American kids cannot apply for their parents).

What application should I file if I am already in the United States?

The first step is to file form I-485. You can also apply at the same time with form I-130. Or, if you prefer you can file the I-485 after your I-130 is approved. It is shorter to send both applications at the same time.

• Who files the I-130? Your citizen relative.
• When can you file the I-485? At the same time or after the I-130 is approved.

What if I am outside the United States? Can I still apply?

Yes. However, you will have your application processed by your consulate. What is Consular processing? This is when the USCIS works with the Department of State to issue a visa to you when the visa is available. You become a permanent resident once you enter the U.S. with your application. When can I apply for an immigrant visa? The Department of State will contact you when it is time. Obviously, being outside the United States takes longer to process then if you were in the U.S. during the application process.

Things to keep in mind:

• Note on AGE: Age is very important. Children over the age of 21 must wait longer. They are now considered “first preference”. The extra wait time is due to the fact that you now have to wait for a visa to become available.
• Child Status Protection Act. The Child Status Protection Act (CSPA) may allow you special treatment without having to wait for a visa (as if you were still 21). Your age gets “frozen” as of the date your parents applied for you.
• Getting Married. If a child under 21 gets married, the rules change. The child is no longer considered an “immediate relative”. The child is now a “third preference” (F3) category married son or daughter of a U.S. citizen. A visa is no longer immediately available. The wait is longer.

This section is for those U.S. citizens who want their relatives to come to the United States. The process starts with the filing of form I-130. The following relatives are not considered immediate relatives. Rather, this group of petitions is called a “family preference category.”

As an American citizen, who can you help?

• Unmarried sons or daughters over the age of 21
• Married kids of any age
• Brothers and sisters

Congress has put a limit on the number of relatives in this group that can enter the United States. This is called a “Quota”. To complete the process, there will be a wait until there is a visa number available.

If you would like to help a family member become a permanent resident who is living in the United States, the procedure is a little different. This is the 2-step process:

• Step one: Fill out the I-130 application. This application must be approved as you will then get a “priority date”. This is an important date and is the date you filed your application. Now, you must wait until the priority date is current. Once it is current, that means government officials will be working on your application.
• Step Two – Once current, file an Adjustment of Status Form I-485. This final process will result in you becoming a permanent resident.
• The process must be followed carefully. Mistakes can add expense and wait times to the application process. In some cases, you may have to start the process all over if you do not file correctly. You should give this important process to an attorney. Contact me.

What happens if I want to sponsor a family member who is living outside the United States?
Part of this process will involve working with the consulate where your family member lives. When all is complete, it will be the Department of State that issues the visa. The process is complete once your family member travels to the United States. Congratulations, your relative is now a legal permanent resident.

Final thoughts:

• The Child Status Protection Act (CSPA). Sometimes, when some you apply for a young child, they can turn 21 before the application is approved. Long ago, this would slow down the process a great deal. Under the CSPA, even if your relative turns 21 while you wait for a visa number, they will still be treated as under 21. This is good.
• Getting Married. If your relative gets married, the process will slow down a great deal. The new category; “Married Son or Daughter of a U.S. Citizen” takes a longer time to process.