Family Based Immigration

A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

There are two types of family-based immigrant visas: Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year. Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

Keep in mind that U.S. citizens can file an immigrant visa petition for their:

• Spouse

• Son or daughter

• Parent

• Brother or sister

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

• Spouse

• Unmarried son or daughter

How can I apply? If you are currently in the United States, an immigrant visa is immediately available to you as a family preference immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. If a visa is immediately available, you may file your Form I-485: Together (“concurrently”) with Form I-130, Petition for Alien Relative filed on your behalf; While the Form I-130 is pending; or After we approve your Form I-130, as long as your Form I-130 has not been terminated or revoked. For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts. You can view the Visa Bulletin on the Department of State's website.

Am I authorized to work? Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization. You may also apply for an advance parole document by filing Form I-131, Application for Travel Document. An advance parole document authorizes you to appear at a port of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Form I-131 Instructions for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, we will consider you to have abandoned your application. For more information, see our Employment Authorization and Travel Documents webpages. Applying to immigrate can be a complex process, which is why we recommend you seek the advice of an experienced attorney.