Family-Based Immigration

Family unification remains one of the principal cornerstones of the United States’ system of lawful immigration. Family-based immigrants fall into two main categories:

1. Immediate relatives of U.S. citizens who are not subject to quota restrictions; and
2. Family-Based Preference immigrants, or immigrants subject to a system of worldwide and country-specific quotas. The family members in this category may be petitioned for by U.S. citizens as well as legal permanent residents (LPRs or Green Card holders).

Immediate Relatives of U.S. Citizens

U.S. immigration law provides for the immigration of parents, spouses, and unmarried, minor children (under 21 years old) of United States citizens without quota restrictions.

Family-Based Preference Immigrants

Preference immigrants who are eligible to immigrate subject to quota restrictions are classified into the following preference categories:

• 1st Preference/FB1 – Unmarried, adult sons and daughters of U.S. citizens;
• 2nd Preference/FB2A – Spouses and unmarried minor children of LPRs;
• 2nd Preference/FB2B – Unmarried adult sons and daughters of LPRs;
• 3rd Preference/FB3 – Married, adult sons and daughters of U.S. citizens;
• 4th Preference/FB4 – Siblings of U.S. citizens.

The processing of a family-based application is commenced with the filing of a Form I-130, Petition for Alien Relative, with USCIS. The U.S. citizen or LPR files a Form I-130 on behalf of the alien beneficiary. Preference immigrants are then placed on a visa waiting list based on their “priority date,” which is the date the Form I-130 was filed.

For information on specific family-based immigration provisions and issues, such as self-petitioning based on Violence Against Women Act (VAWA), Same-Sex Marriages, Adopted Children, K-3 Spouse Visa, and Immigration Waivers for unlawful presence, click here.

Green Card For Spouses

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

If You are a:	Your spouse is:	How to Apply
U.S. Citizen	Inside the United States (through lawful admission or parole)	File petition for Alien Relative, and Application to Adjust Status at the same time.
	Outside the United States	File petition for Alien Relative. When the Petition is approved, it will be sent for consular processing at the original country and the consulate or embassy will provide notification and processing information.
Green Card Holder (Permanent resident, LPR)	Inside the United States (through lawful admissions or parole)	File Petition for Alien Relative. After a visa number becomes available, apply to Adjust Status to permanent residency. 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 Petition for Alien Relative. When Petition 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. 

Green Card For Children

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 a “son” or “daughter” is defined as being married and/or 21 or over.

Filing for Your Relative Who Lives in the United States

If you are a:	Then…
U.S. Citizen petitioning for your child (unmarried and under 21)	Your child may file the Application to Adjust Status at the same time that you file Petition for Alien Relative.
U.S. Citizen petitioning for your son or daughter (married and/or 21 or over)	You file Petition for Alien Relative. Your son or daughter files to Adjust Status when a visa becomes available.
Permanent Resident (green card holder) petitioning for your child, son, or daughter	You file Petition for Alien Relative. Your son or daughter files to Adjust Status when a visa becomes available.

Filing for Your Relative Who Lives Outside the United States

If your child, son, or daughter is outside the United States, you file Petition for Alien Relative. The petition will be sent to the local U.S. Embassy or consulate for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

Green Card For Parents

Eligibility

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

The table below describes what steps you must take to petition depending upon your circumstances:

If you are a U.S. Citizen who is at least 21 years old, and

your mother lives outside the United States, you must submit:

• A Petition for Alien Relative;
• A copy of your birth certificate showing your name and your mother’s name;
• A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States.

your father lives outside the United States, you must submit:

• A Petition for Alien Relative;
• A copy of your birth certificate showing your name and the names of both parents;
• A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States.

In cases where you were born out of wedlock, or want to be joined in the U.S. by your step –parent or adoptive parent(s), please contact our office for detailed information.

After Filing Your Petition for Alien Relative

You will be notified by USCIS if your petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing. 

If your parent is currently in the United States, he or she may be eligible to file an Application to Adjust Status, at the same time as you file the Petition for Alien Relative.  

“WHEN YOUR IMMIGRATION MATTERS – CALL”
Eugene Lumelsky
153 Worthington Ave, Shrewsbury, MA 01545
Call 508-798-5757
Email: eugenelumelsky@yahoo.com