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Consular processing and the Adjustment of Status process are begun by the filing of an I-130 Petition for Alien Relative by the U.S. citizen petitioner. The Form I-130 petition pertains to the sponsoring of family members -- siblings, parents, and children.
The benefit of being an “immediate relative” is that immediate relatives are not placed under a quota system. Very simply, they are entitled for a permanent resident status without any waiting time. Immediate Relatives are the following individuals: 1. Parents of U.S. citizens. 2. Spouses of U.S. citizens. 3. Widow or widowers of U.S. citizens. 4. Unmarried children under Age 21 of U.S. Citizens. In terms of consular processing, this means that a foreign national can relatively obtain a visa rather quickly. If within the United States and trying to adjust status, this means that the foreign national can adjust his or her status rather quickly. If the designated relative does not meet the definition of an "immediate relative," then he or she will come under the preference system. These individuals who are not immediate relatives are subject to numerical restrictions and must wait until their priority dates are current. Just who are we talking about?
The process of a family immigrating through adjustment of status can be seen through the following process: First, U.S. Petitioner sponsors his or her relative through the filing of Form I-130, Petition for Alien Relative. It is important to document the Petition with supporting evidence (such as evidence of the relationship claimed. So, in this case, a birth certificate of the U.S. Petitioner would suffice if his or her mother’s name is on the birth certificate stating the parent/son/daughter relationship). Depending on whether or not a visa is immediately available depends on whom the U.S. Petitioner is sponsoring. In this example, let us assume the U.S. Petitioner is sponsoring his mother. The mother is an immediate relative and therefore does not have to wait in line for a visa. Second, once Form I-130 is approved, the foreign national if overseas, can apply for an immigrant visa at a consulate. If the foreign national is within the United States, he or she can file Form I-485, Application to Adjust Status. Along with that Application, the foreign national will have to submit to a medical exam, as well as proffer much of the same evidence that was submitted with Form I-130. Third, the Affidavit of Support needs to be turned in with the Adjustment Application. The U.S. Petitioner is the Sponsor who has a legal obligation to demonstrate that the intending immigrant will not become a public charge. In other words, the government wants to become convinced that the U.S. Petitioner has enough funds to support the individual he or she is petitioning. The Sponsor can satisfy this burden by showing that his or her household’s income is 125% of the poverty guidelines. If the Sponsor cannot show this, a Joint-Sponsor most likely would be needed. Fourth, if all is approved, an interview is set and both parties attend the adjustment of status interview. If approved, the foreign national will be given a legal permanent resident card. People, who are eligible to be legal permanent residents, are entitled to change their status even if they are already in the United States and who had entered the country with a different kind of visa. Whatever the case is, in your best interest is to contact an experienced attorney, Timothy Gambacorta, to explain to you everything about the procedure in details and assist you through each step of the process.
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Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents (green card holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called adjustment of status.
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