FAMILY-BASED PERMANENT RESIDENCY
Ben D. Huynh, our managing partner, has reviewed and supervised the
filing of hundreds of family-based permanent residency applications for
foreign nationals and their dependent family members. Please contact us at
(972) 992-8181 or at
info@bdhimmigration.com for additional information.
The Family-Based Permanent Residency process allows qualified U.S. citizens
and lawful permanent residents (LPRs) to sponsor close foreign national
relatives for U.S. lawful permanent residency status.
PARTIES
The Petitioner is the individual sponsoring a close relative for U.S. lawful
permanent residency status. The Petitioner must (1) be a U.S. citizen or
lawful permanent resident and (2) prove the ability to support the relative
at 125% above the mandated U.S. poverty guideline found at
http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf. Note that
U.S. citizens may sponsor a greater variety of relatives than U.S. lawful
permanent residents. Please see PREFERENCE CATEGORIES below.
The Beneficiary is the foreign national relative being sponsored for U.S.
lawful permanent residency status by the U.S. citizen or LPR Petitioner.
Both Petitioner and Beneficiary must provide documentation proving the
familial relationship.
IMMEDIATE RELATIVE AND PREFERENCE CATEGORIES
Immediate Relative Category: A U.S. citizen sponsoring a spouse, child under
21 years old or parent for U.S. lawful permanent residency status - this is
the "best" category because an immigrant visa is always available for the
Beneficiary once the I-130 Petition for Alien Relative is approved by the
U.S. Citizenship & Immigration Service (CIS).
First Preference Category: A U.S. citizen sponsoring an unmarried, adult
(over 21 years old) child for U.S. lawful permanent residency status.
Second Preference Categories:
(2A) A U.S. lawful permanent resident (LPR) sponsoring a spouse or unmarried
child under 21 years old for U.S. lawful permanent residency status.
(2B) A U.S. lawful permanent resident (LPR) sponsoring an unmarried, adult
(over 21 years old) child for U.S. lawful permanent residency status.
Third Preference Category: A U.S. citizen sponsoring a married, adult (over
21 years old) child for U.S. lawful permanent residency status.
Fourth Preference Category: A U.S. citizen sponsoring a brother or sister
for U.S. permanent residency status.
FAMILY-BASED PERMANENT RESIDENCY PROCESSING
Family-based permanent residency processing typically involves three steps:
First, the U.S. citizen or lawful permanent resident Petitioner files the
I-130 Petition for Alien Relative and waits for approval from the U.S.
Citizenship and Immigration Services. Note Petitioner’s filing of the I-130
Petition establishes the Beneficiary’s Priority Date (i.e. “date in line”).
Second, the U.S. Department of State’s monthly Visa Bulletin determines if
an Immigrant Visa Number is available for the Beneficiary in the appropriate
Preference Category based on the Beneficiary’s Priority Date. Remember, an
Immigrant Visa is always available for Beneficiaries in the “Immediate
Relative” Category.
Third, the Beneficiary, once an Immigrant Visa Number becomes available,
applies for U.S. permanent residency status. If the Beneficiary is already
in the U.S., he or she files the I-485 Application to Adjust Status to U.S.
Lawful Permanent Residency with the U.S. Citizenship and Immigration
Services (CIS). Since an Immigrant Visa Number is always available for a
Beneficiary in the “Immediate Relative” Category, this Beneficiary typically
files his or her I-485 Application simultaneously with the sponsoring
Petitioner’s I-130 Petition for Alien Relative. If the Beneficiary is
outside the U.S., he or she is interviewed at the U.S. Embassy or Consulate
with jurisdiction over the Beneficiary’s place of residency.
