You must:
- Read the instructions for Form I-130, Petition for Alien Relative;
- Complete and sign your Form I-130;
- Pay the filing fees if applicable; and
- Provide all required evidence and supporting documentation.
How do I apply for an immigrant visa for a relative?
You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Which relatives can I petition for a visa?
Which Relatives May I Petition For? Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa.
Is a visa available for an immediate relative?
Note: A visa is always available for immediate relatives. You merit the favorable exercise of USCIS’ discretion. A Form I-130 (that is ultimately approved) filed together with your Form I-485. Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status.
Can a family member apply for a visa at the same time?
This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.
How long does it take to get a visa for a family member?
approximately 5 to 9 monthsI-130 Processing Times for Immediate Relatives For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months.
Can I request a visa for my cousin?
In reality, significant wait times can make it difficult for U.S. citizens to sponsor even close relatives and U.S. citizens cannot sponsor non-immediate relatives (such as nieces, nephews, aunts, uncles, cousins and grandparents) to immigrate to the United States.
How do I sponsor a relative from another country?
If you choose to sponsor your relative's immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support.
How do I apply for a relative visitor visa?
You can do the following to help in the visa application:Send an invitation letter to your relative. ... If your relative will be paying his or her own expenses in the United States, documents showing sufficient funds are currently available must be prepared to be presented to the interview officer.More items...
What documents do I need to invite someone to the USA?
Below is a list of the recommended documents to include with an Invitation Letter:Scanned copy of host's ID or passport.Evidence of means of financial subsistence.Proof of homeownership or rental contract.An itinerary of the planned visit.Documentation of the host's time off from work for the visit.
Can I sponsor my cousin to live in the USA?
Citizens and legal residents may not petition to enter into the country so-called "distant" relatives, such as grandparents, aunts, uncles, nieces, nephews and cousins. Under Trump's proposed plan, immigrants would only be able to sponsor their spouses and minor children.
How much money do you have to make to sponsor?
The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.
How do I invite a family member to USA?
What to Include in a Letter of Invitation for a Foreign Visitorthe purpose of the planned stay, including what places you will visit together.how long the visitor will be staying with you or where you've made arrangements for accommodations.whether you will be covering transportation to and from the United States, and.More items...
What is the minimum income to sponsor an immigrant 2021?
For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of at least $33,125 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).
How much bank balance is required for U.S. tourist visa?
The amount of bank balance you should have for applying to the US tourist visa depends on the duration. If it is a 15-day trip, you must have $ 5,000-10,000 in your bank. Is travel insurance compulsory for the US travel visa? No, travel insurance is not compulsory for the US travel visa.
What relatives can a U.S. citizen sponsor?
US citizens can sponsor their parents, spouse, sons and daughters (minors and adults, unmarried or married), and siblings. Lawful Permanent Residents can sponsor their spouse, minor children and unmarried adult sons and daughters.
What is a relative visa?
Relative's Visa. This is a permit issued to relatives/spouses of South African citizens or residents intending to move to South Africa with an intention of taking up permanent residence.
Can you apply for a green card for your cousin?
Many extended family members — cousins, aunts and uncles, and grandparents — do not qualify. They may apply for a green card only if they, too, have a closer relative who is a U.S. citizen or current green card holder (or qualify for one of the other types of green cards below).
Can my cousin sponsor me to live in Canada?
You must send both your sponsorship application and the permanent residence application for your relatives at the same time. To apply as a sponsor, you must be at least 18 years of age and a: Canadian citizen or. person registered in Canada as an Indian under the Canadian Indian Act or.
What relatives can a U.S. citizen sponsor?
US citizens can sponsor their parents, spouse, sons and daughters (minors and adults, unmarried or married), and siblings. Lawful Permanent Residents can sponsor their spouse, minor children and unmarried adult sons and daughters.
Can I sponsor an immigrant that is a non family member?
Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can't petition for a foreign national's visa or green card if they aren't a family member.
What are the Immediate Family Visa fees?
Since each of the visas application processes is different, the fees for immediate family visas are also different. The fees for the IR-1, IR-2, and IR-5 visas are as follows:
How to Apply for These Five Visas?
These five visas have different procedures of application. Nevertheless, they will still all start from the petition of the U.S citizen despite the differences in the procedures.
What Is the Processing Time for Immediate Family Visas?
The processing time is quite fast for immediate family visas since they do not have any limits per year. USCIS reviews the cases as they come, but does not take a long time for the decision to make. Below are the processing times for each one of the visas:
What is the first step to file a petition for a parent?
The first step is for the U.S citizen to file a petition to USCIS for the family members- the spouse, the child, or the parent. They must file Form I-130, Petition for Alien Relatives to USCIS.
What is an immediate relative visa?
What are Immediate Relative Visas? Immediate Relative Visas are for the citizens of the US to unit with their other family members who are living outside of the country. This is only limited to spouses, children, and parents. Other members of the family do not qualify and cannot apply for these visas-siblings, grandparents, or cousins.
How old do you have to be to get an IR-5 visa?
IR-5 visa for parents of a U.S citizen who is at least 21 years old.
How long do you have to be married to get an IR-1 visa?
The requirements for the IR-1 visa are as follows: The couple must be legally married and have a valid marriage certificate as proof; The couple must have been married for at least 2 years (those who are married less than 2 years get a Conditional Residence Visa (CR-1); See: Green Card through Marriage);
What is family preference visa?
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
What is family based immigration?
Family Based Immigration. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
What is immediate relative visa?
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Can a permanent resident file an immigrant visa?
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
How to become a lawful resident?
Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Do I need a financial sponsor for a relative petition?
Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. You may need to file Form I-864, Affidavit of Support Under Section 213A of the INA. See our Affidavit of Support webpage for more information.
Can I apply for permanent resident status if my parent is 21?
If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130.
What Is Conditional Residence?
If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “condition al.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.
How long is an immigrant visa valid?
An immigrant visa is generally valid for six months from the issuance date.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Classes of Aliens Ineligible to Receive Visas contains the complete list of ineligibilities.
Why are some visa applications delayed?
Some cases are delayed because applicants do not follow instructions carefully. Sometimes the U.S. sponsor, or petitioner, cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.
How old do you have to be to sponsor a spouse?
U.S. Sponsor Minimum Age Requirement. There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence ( domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse ...
How long does it take to remove conditional status?
You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.
How to file an alien relative petition?
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.
What form do you use to apply for a waiver of inadmissibility?
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.
What are the requirements for an immediate relative to get a green card?
If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements: Inspected and Admitted or Inspected and Paroled.
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
How many KB is the I-485?
For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 551.22 KB). Please also see our page on Form Filing Tips.
What is the form I-485?
If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. This is called “adjustment of status.”.
Is there a waiver for inadmissibility?
Whether a waiver or other form of relief is available depends on the specific inadmissibility ground (s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.
Can USCIS approve green card application?
In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you:
Why is it important to obey the terms and conditions of a non-immigrant visa?
Be sure to obey the terms and conditions of your non-immigrant visa, as violating U.S. immigration law may hurt your chances of applying for a visa or immigrating to the U.S. in the future.
What is the burden of proof for a non-immigrant visa?
is that foreign nationals always have the burden of proof, the responsibility to prove, that they have no intention whatsoever to reside in the U.S. beyond the time allowed by their visa.
Can a sick relative get help?
If possible, have your sick relative ask his/her physician to certify on a separate note/letter that your sick relative needs assistance from someone other than themselves. Also, be sure that your sick relative indicates in the letter why he or she cannot get help from some other person in the U.S. This is very important as Immigration Officers have to be sure that this is not a ploy to have you illegally immigrate to the U.S.
Can a non-immigrant visa hurt you?
Be sure to obey the terms and conditions of your non-immigrant visa, as violating U.S. immigration law may hurt your chances of applying for a visa or immigrating to the U.S. in the future.
Is it easier to get a non-immigrant visa?
Non-immigrant visas are relatively easier to apply for than immigrant visas. However, there are many restrictions associated with non-immigrant visas. For example, non-immigrant visa holders are not eligible to work in the U.S. without a work permit.
Who is Eric Som?
Eric Som has been writing professionally since 2002, contributing to various websites. He is certified through the Association of Certified Fraud Examiners. Som holds a Bachelor of Arts in English and a Bachelor of Laws from Handong Global University. He also has a Juris Doctor degree from an Ohio law school.
What Is an Invitation Letter?
A letter of invitation is a formal letter that a U.S. legal resident or citizen writes to invite their foreign relative to their home. Through this letter, the host confirms that they are able to accommodate the guest into their home and guarantees that the visitor will return home once their visa expires.
How to Write a Letter of Invitation for US Visa?
However, the process of writing it is very simple. The letter should be addressed either to the consular officer or to the guest.
What is an affidavit of support?
Affidavit of Support – which is a USCIS Form I-134, available on the USCIS website. This should be submitted only in case the host plans to financially support the guest.
What does a host have to prove?
Additionally, the host must prove the relationship between them and the guest, and that they have enough funds to cover their entire period of stay in the United States.
Do invitation letters have to sound official?
The letter, when addressed to the guest, does not have to sound official. It should be more personal, so that you show you have close relations with the guest. If the letter of invitation for USA contains the above-listed details, then the letter is okay.
How often do you update your biographical information on a Chinese passport?
In accordance with the agreement signed between the United States and China to extend visa validity, beginning on November 29, 2016, Chinese citizens with 10-year B1, B2 or B1/B2 visas in Peoples’ Republic of China passports will be required to update their biographical and other information from their visa application via a website every two years, or upon getting a new passport or B1, B2, or B1/B2 visa, whichever occurs first. This mechanism is called EVUS - Electronic Visa Update System.
What happens after a visa interview?
After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this required.
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
What does 999 days mean?
A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What happens if you fail to leave the US on time?
Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222 (g) of the Immigration and Nationality Act ). Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States.
Where to schedule a visa interview?
You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.
