Family based immigration is becoming a U.S. permanent resident through certain family relations. Normally, a U.S. citizen (USC) or legal permanent resident (LPR) would file an immigration petition with the United States Citizenship and Immigrations Services (USCIS). This USC or LPR is called the Sponsor. The alien relative for whom the immigration petition is filed is called the Beneficiary.

There are two types of relationships by which relatives might be eligible to receive a Family-based Immigration Visa:

The first relationship is the "Immediate Relative" relationship.  Immediate Relative Petitions are Petitions filed on behalf of 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.

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.

The second relationship is called the "Preference" category.  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?

• First preference: Unmarried adult (21 years of age or older) sons/daughters of U.S. citizens.
• Second preference: Spouses of legal permanent residents and unmarried sons and daughters of lawful permanent residents.
• Third preference: Married sons and daughters of U.S. citizens.
• Fourth preference: Brothers and sisters of adult U.S. citizens.

The process of a family immigrating 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.