Only licensed immigration professionals can provide advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. You are eligible to receive an immigrant visa if you are the beneficiary of: You may be barred from adjusting status depending on how you entered the United States or if you committed a particular act or violation of immigration law. First Preference (F1) – unmarried sons and daughters (21 years of age and older) of US citizens, Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents, Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents, Third preference (F3) – married sons and daughters of U.S. citizens, Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older), US Immigration Lawyer: How to Immigrate to the US, You were inspected and admitted or inspected and paroled into the United States, You are physically present in the United States at the time you file your Form I-485, You are eligible to receive an immigrant visa, An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application, The relationship to the family member who filed Form I-130, for you still exists. If CBP gave you an electronic Form I-94 upon your arrival/admission to the United States, you may print a paper version of your Form I-94 from the. If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3). There are annual limits (“visa quotas”), and per-country limits, for these family-based preference categories visas. COVID has reduced the capacity to process visa applications, therefore DOS has decided to prioritize family reunification visas via tiered visa processing. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. Family Second Preference (F2): This is for children under 21, spouses, and unmarried sons and daughters (who are 21 years old and above) of lawful permanent residents. If a visa is immediately available, you may file your Form I-485: Although the concept of family sponsorship seems straightforward, there are many exceptions and details of which to be aware. Please see our Filing Fees and Fee Schedule webpages for more information. US Immigration laws allow family members of US Citizens and lawful permanent residents to become permanent residents of the US and obtain a green card. For more information, see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. Tier 3: Family preference immigrant visas and special immigrant visas for certain employees of the US government abroad; and finally. Family preference category 4, or F4, are brothers and sisters of adult United States citizens. It can be extremely frustrating for anyone outside the US waiting for their immigrant visa interview, and for their family members in the US, anxiously awaiting their arrival. For more information, see Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. If you are the spouse, minor child or parent of a U.S. citizen, please see the Green Card for Immediate Relatives of U.S. Citizen page for information on how to apply for a Green Card. An official website of the United States government, Green Card for Family Preference Immigrants, Green Card for Employment-Based Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Inadmissibility on Public Charge Grounds Final Rule: Litigation, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Green Card for Immediate Relatives of U.S. Citizen, Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-485, Application to Register Permanent Residence or Adjust Status, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”, section 245(c) of the Immigration and Nationality Act (INA), Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-601, Application for Waiver of Grounds of Inadmissibility, Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, Form I-864, Affidavit of Support Under Section 213A of the INA, Form I-864EZ, Affidavit of Support Under Section 213A of the Act, Form I-693, Report of Medical Examination and Vaccination Record, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-612, Application for Waiver of the Foreign Residence Requirement, Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, Form I-485 Supplement A, Adjustment of Status Under Section 245(i), USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives, I-864EZ, Affidavit of Support Under Section 213A of the Act, Form I-944, Declaration of Self-Sufficiency, Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities. Who Is Eligible For A Family Preference Visa? Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents. Since there are a limited amount of visas available under the Family Preference category, getting the application right the first time is vital. The following criteria determine how quickly your foreign relative will be issued an immigrant visa. Once received, the NVC will assign a case number for the petition. After we approve your Form I-130, as long as your Form I-130 has not been terminated or revoked. US Immigration laws allow family members of US Citizens and lawful permanent residents to become permanent residents of the US and obtain a green card. Each country has an allocation of 25,620 visas per year for the family-preference categories described below. For more information on applying for a Green Card, see the Form I-485 instructions (PDF) (PDF, 1.4 MB) and our forms filing tips webpage. As the principal applicant, you should submit the following documentation and evidence to apply for a Green Card as a family preference immigrant who is already in the United States: Note: Certain forms, including Form I-485, have a filing fee. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder … There are some limited exceptions to this eligibility requirement. An advance parole document authorizes you to appear at a port of entry to seek parole into the United States after temporary travel abroad. to live in the United States as a permanent resident (a green card holder). © 2021 VisaPlace – Canadian & US Immigration Lawyers. 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. Family Based Immigration A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). These visas allow U.S Lawful Permanent Residents to reunite with their family members. 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).