At YLG California, we understand the importance of family unity, especially for Green Card holders (permanent residents) who wish to bring their loved ones to the United States. Navigating the immigration process can be complex, but with the right information and guidance, you can successfully petition for your family members to join you. This article outlines the eligibility criteria, application process, and preference categories associated with family petitions.

Eligible Family Members

As a Green Card holder, you may petition for specific family members to immigrate to the United States as permanent residents. The eligible family members include:

1. Spouse (husband or wife)
2. Unmarried children under 21
3. Unmarried son or daughter of any age

While these are the primary family members you can sponsor, it’s important to recognize that other relatives, such as married children and siblings, fall under different categories that require U.S. citizenship for sponsorship.

Application Process

To obtain a Green Card for your family member, follow these key steps:

1. File Form I-130: Begin the process by filing Form I-130, the Petition for Alien Relative. This form establishes the qualifying relationship between you (the petitioner) and your family member (the beneficiary).
2. Provide Proof of Status: Submit evidence of your permanent resident status. This can include a copy of your Green Card or other official documentation that verifies your residency.
3. Submit Evidence of Relationship: You must provide documentation that demonstrates your familial relationship. Acceptable documents may include marriage certificates, birth certificates, divorce decrees, or other relevant proofs.
4. Proof of Legal Name Changes: If you or your family member have legally changed names, be sure to include documentation proving this change to avoid discrepancies.

Carefully reviewing the instructions for Form I-130 is crucial to ensure all required documentation is submitted correctly, as missing information can lead to delays or denials.

If you or your family member is in the U.S. military, special conditions may apply. For tailored information, visit the Citizenship for Family Members page.

Preference Categories

When petitioning for your relative, preference categories dictate the order in which applications are processed. Understanding these categories is essential:

• First Preference: Unmarried adult sons and daughters of U.S. citizens (21 or older).
• Second Preference (2A): Spouses of Green Card holders and 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.

The availability of a visa in these categories is determined by the priority date, which is the date when Form I-130 was properly filed. Knowing your relative’s preference category helps set realistic expectations regarding the immigration timeline.

What Happens Next?

After filing the petition, the subsequent steps depend on whether your family member is already in the United States or abroad:

• If Already in the U.S.: If your family member is legally present in the U.S., they can apply to adjust their status to become a permanent resident once a visa number becomes available. This process involves submitting Form I-485, the Application to Register Permanent Residence or Adjust Status.
• If Outside the U.S.: If your family member is outside the U.S., your petition will be forwarded to the National Visa Center (NVC) when a visa number becomes available. The NVC will notify you and your family member about the next steps for consular processing, which includes additional documentation and an interview at a U.S. consulate.

The wait time for an immigrant visa number varies depending on the preference category of the family member you are petitioning. After filing a petition, you can check its status on the Check My Case Status page.

Additional Resources

For more information on becoming a permanent resident, refer to the Adjustment of Status page for processing within the U.S. and the Consular Processing page for those outside the U.S. Detailed information can also be found on the Green Card page, which outlines various benefits and steps for relatives seeking immigration.

It’s essential to remember that an approved visa petition (Form I-130) establishes a qualifying relationship but does not grant immigration benefits by itself. It only creates a place in line for visa processing, which is vital for family reunification.

Conclusion

At YLG California, we are dedicated to assisting you in the immigration process for your family members. Understanding the eligibility requirements, application procedures, and the importance of preference categories is crucial for a successful petition. By following the correct steps and utilizing our resources, you can bring your loved ones to the United States and build a brighter future together as permanent residents.