Category: Visa

Petitioning for Relatives

Posted on by Joseph Caraccio

PETITIONING FOR RELATIVES 

Type of Relative for Whom You May PetitionImmigration BenefitRelated Forms
Spouse

Children (unmarried and under 21)

Sons and daughters (married and/or 21 or over)

Parents, if you are 21 or over

Siblings, if you are 21 or over		Green Card (permanent residence)Form I-130, Petition for Alien Relative

Form I-485, Application to Register Permanent Residence or Adjust Status

Form I-864, Affidavit of Support
A fiancé(e) residing outside the United States and children of fiancé(e) under 21Fiancé(e) visaForm I-129F, Petition for Alien Fiancé(e)
Spouse

Children of spouse (unmarried and under 21)		K-3/K-4 visaForm I-129F, Petition for Alien Fiancé(e)

Form I-130, Petition for Alien Relative

WHAT RELATIVES CAN I PETITION FOR?

Immediate RelativesOther Family Members
Spouses of U.S. citizens

Children (unmarried and under 21) of U.S. citizens

Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.

For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the

How to bring a family member to the U.S.		Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:

First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)

Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents

Second Preference (2B): Unmarried adult sons and daughters of permanent residents

Third Preference: Married sons and daughters (any age) of U.S. citizens

Fourth Preference: Brothers and sisters of adult U.S. citizens. For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website.

For more information on priority dates, see the Visa Availability and Priority Dates page.

How to bring a family member to the U.S.

Bona Fide Marriage Exemption

Posted on by Joseph Caraccio

Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith. See INA § 245(e)(3).

What is commonly called, “the bona fide marriage exemption” must be requested in writing and submitted with Form I-130. See 8 C.F.R. § 204.2(a)(1)(iii)(A). The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption.

You must be prepared to address the bona fide marriage exemption early in your case. It is important that you, the couple, document your relationship thoroughly. Evidence of the relationship will be critical to the removal proceedings and to obtaining approval of the visa petition.

USCIS checks social media, publicly accessible websites, and other databases during their review of the application. Please make sure that you are not and have not posted information that contradicts the documents and testimony we will submit to USCIS and the Immigration Judge.

You should keep all documents that show both of your names, such as mail, bills, and other records that can serve as proof of your relationship.

Documents such as the following should be gathered to assist in proving good faith marriage:

  • Birth Certificate(s) of Children together
  • Letters addressed to you at shared address
  • Letters addressed to spouse at shared address
  • Letters addressed to couple at shared address
  • Driver’s licenses with the same address
  • Wedding photos
  • Pictures of the couple in a variety of settings and times (especially with family)
  • Correspondence between the couple
  • Records for children, listing parents
  • Joint Bank Accounts
  • Joint Tax Returns
  • Joint Credit Card Accounts
  • Joint Property
  • Joint Rental Agreements/payments
  • Joint Life/Health Insurance Plan
  • Joint Utility Bill(s)
  • Joint phone bills for land lines or cellular phones
  • Joint Car Owned
  • Joint Card for Shopping/stores/gym
  • Health Records for your children that list both parents
  • Letters/Affidavits from Family, Friends, Neighbors (notarized or unsworn declarations)

TEMPLATE FOR BONA FIDE MARRIAGE EXEMPTION LETTER

Marriage was entered into in good faith. INA § 245(e)(3). We are seeking a “bona fide marriage” exemption pursuant to 8 C.F.R. § 204.2(a)(1)(iii)(A).

Bona-Fide-Marriage-Exemption-letterDownload

How Petition to Bring a Family Member to the U.S.

Posted on by Joseph Caraccio

As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States.

You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Filing instructions and forms are available on our Web site at www.uscis.gov. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status). This is discussed below.

Which relatives may I petition for?
A U.S. citizen can file a petition for the following relatives:

  • Husband or wife;
  • Children, married or unmarried.

A U.S. citizen who is at least 21 years or older may also petition for the following relatives:

  • Parents;
  • Brothers or sisters.
    When you submit your petition, you are required to provide evidence
    to prove your relationship to the person for whom you are filing.

What does the petition do for my relative?
Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. 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.

For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens.

What about my relative’s family?
In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.)

For example: You file a petition for your married daughter. You cannot directly petition for her husband and children. However, when your daughter’s place in line allows her to apply for a Green Card, her husband and children can apply for immigrant visas at the same time with your daughter.

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. citizens; therefore, they will have to wait for visa availability.

For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child.

After I file, how long will it take before my relative can immigrate?
The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of age, and parents.

  • There is no waiting list to immigrate these relatives.
  • The U.S. Department of State will invite them to apply for an immigrant visa as soon as we approve your I-130 petition.
  • If your petition has been approved, and your relatives are currently in the United States after making a legal entry (and they meet certain other requirements), they may be able to file applications with USCIS to adjust to permanent resident status.

For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years in line while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. Current wait times for visa categories are available under “Visa Bulletins” on the State Department’s Web site at www.travel.
state.gov/visa.

Can my relative wait in the United States until becoming a permanent resident?

No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition.

Does filing a relative petition commit me to anything?
Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see Guide to Form I-864A.

How Do I Financially Sponsor Someone Who Wants to Immigrate?

It is part of the process of petitioning for someone. Read about the Form I-864A to learn more about affidavits of support and financial support.

How do I file?
There are two basic ways to legally assist your relatives to immigrate into the United States:

  1. If your relatives live in another country, you will file an I-130 petition with USCIS. Form I-130 can be filed with a USCIS Lockbox based on the petitioner’s place of residence. Please refer to pages 4 and 5 of the instructions for mailing addresses. Please check our Web site for any updates on instructions or fees. Make sure your petition is complete, signed, and submitted with correct fees. You will need to submit evidence of your U.S. citizenship, and evidence proving your relationship to each person for whom you are filing a petition.

2. If your relatives are already in the United States and entered legally, then they may be able to
file an I-485 application to adjust their status to lawful permanent resident at the same time as
you file the I-130 relative petition. Petitions filed at the same time with permanent residence
applications (I-485) must be filed at a location that is different from where you would file an I-130
petition by itself. Please read the instructions for the two addresses where concurrent filings can be
mailed.

What happens after I file?

USCIS will mail you a receipt confirming that we have received your petition. If your petition is incomplete, we may have to reject it, or ask you for more evidence or information, which will delay processing. Send all required documents the first time to avoid delay.

They will notify you when we make a decision.

When your relative’s place in line permits issuance of a visa number, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas. You can find more information about immigrant visa processing from the State Department’s Web site at www.state.gov.

How long will it take USCIS to process my petition?

Since processing time depends on a number of factors, it is difficult to provide a timeframe. We post current processing times on our Web site at www.uscis.gov, which is the best way to monitor progress of your petition.

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your husband or wife and any unmarried children under age 21 will have visas immediately available to them.

If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the State Department’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen. Requests to upgrade petitions due to the naturalization of the petitioner should be sent to:

National Visa Center
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915

Include a letter with information regarding your relative, a copy of your Naturalization Certificate, and a copy of the petition approval notice. Once the NVC is notified that the petitioner has been naturalized, the NVC will immediately send the visa.

CONTACT USCIS CUSTOMER SERVICE: 1-800-375-5283

As A Legal Permanent Resident Who Can I Petition For?

Posted on by Joseph Caraccio

GREEN CARD HOLDERS (PERMANENT RESIDENTS) PETITIONING FOR FAMILY MEMBERS

As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

WHICH RELATIVES MAY I PETITION FOR?

A permanent resident of the United States can file a petition for the following relatives:
• Husband or wife; and
• Unmarried child(ren), regardless of age.

Note: Only U.S. citizens may petition for married children.

You begin the process by filing Form I-130, Petition for Alien Relative. An I-130 form is available on our Web site at www.uscis.gov.

When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

WHAT DOES THE PETITION DO FOR MY RELATIVE?

Filing an I-130 relative petition and proving a qualifying relationship gives your relative a place in line for a visa number among others waiting to immigrate based on that same kind of relationship from
the same country or region. When your relative reaches the head of the line, he or she may be eligible to immigrate.

WHAT ABOUT MY RELATIVE’S FAMILY?

In most cases, when your spouse’s place in line is reached, his or her unmarried children under 21 years old can follow to join the relative on the same visa petition. However, if an unmarried child
turns 21 years old before reaching the front of the line, you will need to file a new separate petition for each child included on the original petition. Please following instructions and include a copy of
the receipt notice for the original petition.

WHAT IF MY UNMARRIED CHILD MARRIES?

A petition for an unmarried child will be automatically revoked if he or she marries, since there is no visa category for a married son or daughter of a permanent resident. However, if you become a U.S.
citizen before your child marries, you can continue the immigration process by filing a new I-130 visa petition for your child.

AFTER I FILE, HOW LONG WILL IT TAKE BEFORE MY RELATIVE CAN IMMIGRATE?

For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years. When your relative
reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. If you are interested in current wait times, see “Visa Bulletins” on the
State Department’s Web site at www.travel.state.gov/visa.

WHAT IF MY UNMARRIED CHILD MARRIES?

A petition for an unmarried child will be automatically revoked if he or she marries, since there is no visa category for a married son or daughter of a permanent resident. However, if you become a U.S.
citizen before your child marries, you can continue the immigration process by filing a new I-130 visa petition for your child.

AFTER I FILE, HOW LONG WILL IT TAKE BEFORE MY RELATIVE CAN IMMIGRATE?

For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. If you are interested in current wait times, see “Visa Bulletins” on the State Department’s Web site at www.travel.state.gov/visa.

WHAT IF I FILED A PETITION FOR A RELATIVE WHEN I WAS A PERMANENT RESIDENT, BUT I AM NOW A U.S. CITIZEN?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of
your naturalization. When you are a U.S. citizen, your spouse and any unmarried children under age 21 will have visas immediately available to them.


• If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the U.S. Department of State’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen. Requests to upgrade petitions due to the naturalization of the petitioner should be sent to:

National Visa Center
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915

PREFERENCE CATEGORIES

When petitioning for your relative, the following preference categories apply:

  • First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
  • Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents
  • Second Preference (2B): Unmarried adult sons and daughters of permanent residents
  • Third Preference: Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the Visa Availability and Priority Dates page.

AFTER THE PETITION

If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as Consular Processing.

Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on the Check My Case Status page. For visa availability information, see the Visa Bulletin page.

For more information on becoming a permanent resident, see the Adjustment of Status (for processing within the United States) and Consular Processing (for processing overseas) pages. For more information on Green Cards, see the Green Card page. For more information on each benefit type and the steps to take to help your relative immigrate, visit the Green Card Processes and Procedures page.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on Green Cards, see the Green Card page. For more information on relatives and Green Cards, see the Family of Green Card Holders (Permanent Residents) page.

HOW DO I RENEW OR REPLACE MY PERMANENT RESIDENT CARD (GREEN CARD)?

Posted on by Joseph Caraccio

A PERMANENT RESIDENT CARD (USCIS FORM I-551)


is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States. Although some
Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid
for 2 years.It is important to keep your card up-to-date. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and this could also affect your ability to travel or to prove your eligibility to work in the United States.


WHEN DO I NEED TO RENEW MY PERMANENT RESIDENT CARD?


You should renew your Permanent Resident Card if you were issued a card valid for 10 years that has either expired or will expire within the next 6 months. If your Permanent Resident Card is valid for only 2 years, you are a conditional resident. You will need to file a petition to remove the conditions of your residence before the card expires. You may file this petition 90 days before your conditional green card expires. If your petition is approved, you will be sent a new Permanent Resident Card valid for 10 years. You do not need to file Form I-90.


If your card does not have any expiration date on the front, then you have a very old version. Most old versions are no longer valid. Even if your card does not have an expiration date on it, we
recommend you apply to renew it.


WHEN DO I NEED TO REPLACE MY PERMANENT RESIDENT CARD?


Apply to replace your Permanent Resident Card if any information on your card needs to be changed, or if your card has been lost, stolen, or damaged. Also, if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become 14 years old.

WHAT APPLICATION DO I FILE TO REPLACE OR RENEW MY PERMANENT RESIDENT CARD?


To apply to renew or replace your card, use Form I-90, Application to Replace Permanent Resident Card. Filing instructions and forms
are available on our Web site at www.uscis.gov.

HOW DO I FILE THE I-90 TO RENEW OR RELACE MY PERMANENT RESIDENT CARD?


Please refer to our Web site under Immigration Forms, I-90, for specific filing instructions, and then complete the form. You can also
e-file your I-90 on our Web site at www.uscis.gov.


HOW DO I REMOVE CONDITIONS ON MY 2-YEAR CONDITIONAL PERMANENT RESIDENT CARD?


Do not use Form I-90 if you are a conditional resident and your status is expiring. If you are a permanent resident who was granted conditional permanent resident status, you are required to file a
petition to remove those conditions within 90 days of your card expiring. If your conditional status was based on a marriage, file Form I-751, Petition to Remove Conditions on Residence.

Crime Victim Visa (U Visa)

Posted on by Joseph Caraccio

A CRIME VICTIM CAN POTENTIALLY GET A VISA, AND EVENTUALLY LEGAL PERMANENT RESIDENCY, BASED ON THEIR COOPERATION WITH THE POLICE OR DISTRICT ATTORNEY’S OFFICE.

To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.

The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes.

 

WHAT ARE THE REQUIREMENTS FOR A “U VISA” OR BEING GRANTED U NONIMMIGRANT STATUS?

To be eligible for a U visa, an individual must meet several criteria, including:

  1. Qualifying Criminal Activity: The individual must have been a victim of one or more qualifying crimes.
  2. Substantial Abuse: The individual must have suffered substantial physical or mental abuse as a result of the criminal activity.
  3. Cooperation with Law Enforcement: The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
  4. Admissibility: The individual must meet the admissibility requirements for entry into the United States, or they may be eligible for a waiver of certain grounds of inadmissibility.

WHAT ARE QUALIFYING CRIMES FOR A U VISA?

  • Abduction
  • Domestic violence
  • Extortion
  • False imprisonment
  • Felonious assault
  • Fraud in foreign labor contracting
  • Hostage situations
  • Incest
  • Involuntary servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual assault
  • Sexual exploitation
  • Slave trade
  • Stalking
  • Torture
  • Trafficking
  • Witness tampering
  • Unlawful criminal restraint
  • Other similar activities related to violation of U.S. laws

It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation.

If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime.  Some terms are difficult to define and some crimes may be named differently in different jurisdictions. 

More information on U Visas and qualifying crimes here.