Family Immigration

There are a number of steps to the process of obtaining a “Green Card” which you and your family member must complete in order to be successful.

• You must qualify by having a close relationship with who resides in the United States either as a citizen or a permanent resident.
• Your family member must prepare a Petition for Alien Relative (I-130 form) and file it with the USCIS (United States Citizenship and Immigration Services). Your relative must attach documents which prove your family relationship. This is best accomplished with the assistance of qualified legal counsel.
• Upon receipt of the application, the matter is referred to the Department of State to find out if there is an immigrant visa number available for your family-based category. You may apply for a number once one becomes available on the State Department Visa Bulletin.
• If you are outside the U.S. you must go to the U.S. Consulate in your area to compete the processing before the number becomes yours. If you are already in the U.S. your next step is to seek adjustment of status to permanent resident.

The I-130 form is not completely self-explanatory. There are pitfalls to avoid, particularly for married couples with prior divorces, and for parents who weren’t married at the time of birth of their petitioning son or daughter.