Maggio+Kattar

“Immediate relatives” of United States citizens, which include the spouses, children under 21, and parents of U.S. citizens, have special benefits.  Immediate relatives have no waiting periods for immigrant visas to become available, although processing times vary from a few months to a year or more. Additionally, immediate relatives who entered the United States lawfully may be able to apply to adjust status simultaneously with the filing of the immigrant visa petition. USCIS procedures for filing family-based adjustment of status cases vary depending on where the applicant lives. All family-based immigrants must be admissible under the immigration laws, or be eligible to receive waivers of inadmissibility, to become U.S. legal  permanent residents.

Most family-based visa petitions are initiated when the sponsoring relative files an immigrant visa petition, also known as a Form I-130, with the appropriate Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Service Center or U.S. Consulate abroad. The date of receipt of this petition by USCIS establishes the “priority date,” or place in line for an immigrant visa. Processing times for these petitions vary from several months or much longer depending on visa availability.  When a petition is approved, and the “priority date” becomes current (i.e. after any applicable waiting line has passed), the sponsored individual may apply for an immigrant visa or, where eligible, apply for adjustment of status to obtain lawful permanent residence in the United States.   An immigrant visa permits the individual to become a legal permanent resident (“green card” holder) after admission to the United States with the immigrant visa. It is important to note that filing an immigrant visa petition for a relative can make it more difficult for the sponsored individual to obtain a tourist, student, or certain other types of temporary visas or it may bring an individual here in the United States without authorization to the attention of the immigration authorities. Additionally, an individual must otherwise be eligible to obtain lawful permanent resident status in the United States or be eligible for a waiver of inadmissibility.  An individual’s admissibility should also be thoroughly assessed before a visa petition is filed.