Family-based immigration in the US offers a lot of different options for individuals to eventually turn into permanent residents if they’re relatives of someone that has U.S. citizenship. To accomplish this, there are a few stages of documentation required for both you and your relative. The process is complex and it is always recommended to reach out to USA lawyers for immigration before you submit your application..
Find Out If You Are Eligible
The U.S. green card qualification classes are extensively parted into two gatherings, which are: the close family members’ classification and the family inclination class. Being a close relative, you have a close relationship with a U.S. resident. The family inclination level, then again, is for other, more far off relatives of U.S. residents as well as some predefined relatives of green card holders.
Eligibility Criteria For Close Famly Members
To succeed in getting a Green Card under the category of IR category, you need to meet the following factors:
- A family member of an American who is at least 21 years old.
- The American family member should have his residency for at least 6 months before they can sponsor.
- Parent of an American between the ages of 21 and 25.
Eligibility Criteria For Family Preference
To succeed in getting a Green Card under the category of F1 category, you need to meet the following factors:
- The grown-up unmarried child or girl of a U.S. resident. You should be beyond 21 years old (F1)
- The minor kid, an unmarried child, or spouse (over the age of 21) of an individual legally residing in the US.
- A wedded child or little girl of a U.S. resident, including your mate and minor kids (F3)
- The sibling or sister of a U.S. resident, including your mate and minor youngsters (F4). The U.S resident support should be no less than 21 years old.
How To Submit Your Appeal
It is the initial step of your application interaction and should be documented by the U.S. resident. The intention is to prove the family connection between you and the applicant. This should be demonstrated with supporting documentation such as birth certificates, marriage certificates and more.
I-864, Affidavit of Support
The support should likewise exhibit that, assuming your application is endorsed, the person can uphold you monetarily until you settle in the United States. In the sworn statement, the supporting relative should demonstrate that the person meets the base pay of somewhere around 125% of the Federal Poverty Guidelines.
Processing Time For I-130
It can take up to a year to process an I-130 petition. This will rely upon the responsibility of the assistance community accountable for your application. In the event that there are any missing documents in the appeal, a Request for Evidence (RFE) will be sent to the candidate.
Until the necessary proof is presented, the application will be required to briefly wait, which might expand the handling time. You can stay away from this pointless postponement by guaranteeing that every one of the necessary documents is submitted with the I-130 structure. On the off chance that this request is endorsed, you (the outside public recipient) will proceed with the cycle by applying for a green card.
To have a clear picture of the processing time, you can always take reliable immigration lawyer advice.
Change of Status
This permits you to change your nonimmigrant status to migrant status and get a family-based green card. After applying, you will need to submit another form to adjust your status, this form is called I-485. You may use this form to demonstrate your eligibility for one of the preference classifications for family-based immigration.
If you’re a close relative, you can easily submit your I-130 and I-485 together. This is on the grounds that the classification partakes in a higher need over the family inclination levels. The close relative classification has a limitless number of green cards accessible to be given. When the I-130 appeal is endorsed, you can quickly change your status. Subsequently, the two structures can be handled simultaneously. This implies you can petition for and get a green card soon.
Hold On Until Green Card Is Available
For the family inclination classification, there are sure impediments. Every one of the subcategories has a cutoff to the number of green cards that are given every year. This cutoff is put together both with respect to inclination class and nation of beginning. When the number for an inclination class is gone after a specific country that financial year, different candidates from that nation should hold on until the next year.
By and large, there are definitely a greater number of uses for every inclination subcategory than there are accessible green cards. In these circumstances, the date that the USCIS accepts your request will be viewed as your need date. You should check this need date against the “last activity dates” given in the month to month visa release posted by the Department of State. At the point when your need date matches or passes the last activity date in your class, your requirement date will be thought of as “current.”
In this way, after the I-130 appeal is endorsed, you should until your need date becomes current and a work visa (green card) is accessible for you. This normally causes an overabundance, and the visa issuance will be on the first come first serve basis
I-485 For Family Preference
When your need date is current and a green card is accessible in your class, you can record your change of status request with the USCIS. Contingent upon your inclination subcategory and nation of beginning, the holding up time can be up to 10 years. If you are from one of the nations that normally receive a high volume of green card applications, it may take longer to process your application.
