| Permanent Residency - Family |
Law Offices of
Gilbert C. Ferrer PLLC
Gilbert C. Ferrer PLLC
In certain cases a family member may petition an individual for permanent residence status. The Family Based Process There are two steps to the process, they can be done sequentially or together depending on the petitioner and the family relationship. The two steps to the process are:
The Immigrant Petition In certain limited cases an individual can petition for U.S. Lawful Permanent Residency for a relative. The Immediate Relative, First, Third and Fourth Categories apply to citizens. The Second Category applies to permanent residents. U.S. Citizens can petition for:
First Category -
Third Category -
Fourth Category -
U.S. Permanent Residents can petition for:
Returning Residents -
The Immediate Relative and Returning Resident categories are unlimited. There is no quota for those applications. All the other categories are limited. They are subject to limits on the number of immigrant visas issued each year. Currently, all such "preference" categories are backlogged. If the applicable preference category is backlogged, the family sponsor may file the I-130 Immigrant Petition for the relative. However, the green card application (the I-485) cannot be filed until the priority date for that category is current. See Preference Category Backlogs, below. Adjustment of Status to Permanent Resident Approval of the I-130 immigrant petition allows the employee in question to file an I- 485, Application for Adjustment of Status to Permanent Resident. Immediate Relatives can file the I-485 together with the I-130. The I-485 is the actual application for the "green card." An employee's immediate family has derivative status and may apply for permanent residency at the same time. The I-130 can be filed simultaneously with the I-485 if the category is unlimited. See Preference Category Backlogs, below. The I-485 is filed for each family member. It is the usual practice to also file for a work authorization card and permission to travel. The work authorization card allows family members to work. The permission to travel (Advance Parole) allows the person to travel outside of the United States and return. Without this permission the the residency application is abandoned. Consular Processing Immigrant Visa Applications Upon approval of the I-130, if the priority date is current, the beneficiary and his dependents may process for an immigrant visa in their home country. The National Visa Center will initiate the process by communicating with the beneficiary of the I- 130 or their representative. At the end of the NVC's process, they will send the file to the designated consulate in the beneficiary's home country for scheduling of the immigrant visa interview. Preference Category Backlogs As described above, certain categories of immigrant classifications are backlogged. This means that, since those categories are limited to a certain number of immigrant visas per country, for petitions filed today there are no visas available. The application joins the queue of petitions based on the filing date. For example, as of October 2005, for the First Preference Category (unmarried sons and daughters of U.S. Citizens,) the petitions from the following countries and filed on or before the stated date are eligible to apply for the green card. Mainland China April 22, 2001 India April 22, 2001 Mexico January 1, 1993 Philippines May 22, 1991 All other countries April 22, 2001 People who have filed the I-130 after the applicable priority date, will have to wait until that date is reached before they can move on to the final step. The most recent priority dates being processed will appear in the State Department's monthly Visa Bulletin. See also, this website at Immigrant Visa News. State Department Visa Bulletin Return to Home Page |
This Web Site is intended for general information purposes only. It is not intended to constitute a legal opinion
and must not be relied upon for any specific application. Be advised that immigration laws and policies change
frequently. In light of the complexities and changes in both the substance and interpretation of U.S.
Immigration Law, it is necessary to seek competent legal advice concerning the application of U.S. immigration
law to any particular individual.
© 2004-2005 Gilbert C. Ferrer, Attorney at Law / All Rights Reserved.
and must not be relied upon for any specific application. Be advised that immigration laws and policies change
frequently. In light of the complexities and changes in both the substance and interpretation of U.S.
Immigration Law, it is necessary to seek competent legal advice concerning the application of U.S. immigration
law to any particular individual.
© 2004-2005 Gilbert C. Ferrer, Attorney at Law / All Rights Reserved.
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