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One of the many perks of being a U.S citizen is having the right to petition for a foreign individual to come and live in this country. It is the most efficient way for an immigrant to obtain residency in the United States; the U.S. Citizenship and Immigration Services (USCIS) outlines all that is needed for the paperwork and we will discuss the most important details to keep in mind. Always consult a lawyer to help with the immigration process – their job is to make sure these procedures are followed accordingly.

Following are some important details that the USCIS wants us to keep in mind when filing for an immediate relative:

Eligible immediate relatives. Relatives eligible to be sponsored by a citizen include theU.S. citizen’s spouse, unmarried child under the age of 21, parent (if theU.S. citizen is over the age of 21), brother and sister.

Filing a form I-130. An I-130 form is the petition for an alien relative and it gives your relative a place in line with others of the same country waiting to immigrate based on the same type of relationship.

Waiting for your petition to be approved. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission. There is no waiting period for immediate relatives of U.S citizens, which includes a U.S citizen’s spouse, parent, or unmarried child less than 21 years of age.

Your relative’s place in line. Your relative’s place in line will be based on the date you file your petition. So there is an advantage to filing as soon as possible.

Turning 21 years of age. When an immediate relative child of a U.S. citizen reaches the 21 years of age, he or she generally will become a “first preference” (F1) category son or daughter (over 21 years of age) of a U.S. citizen, and will no longer have a visa immediately available. This change may result in a significant delay in adjustment of status or visa processing because he or she will now need to wait for an immigrant visa to become available.

Child Status Protection Act. In certain cases, the Child Status Protection Act (CSPA) may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date yourU.S. citizen parent files Form I-130 for you.

If a “child” gets married. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify the USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.
If you need any further immigration advice, contact Kravitz & Guerra’s team of experts. Our promise is to protect and assist our clients in all ways to make their dreams come true.