Becoming a Permanent Resident
Under U.S. immigration law, there are two family-related categories of
immigrants who may obtain legal permanent residency status:
1. The first
category is comprised of the immediate family members of U.S.
citizens. There is no limit for this category. Spouses and unmarried
minor children (under age 21) and the parents of adult U.S. citizens
(age 21 or older) can obtain permanent residency without being placed
on a waiting list.
2. The second category is comprised of those who are eligible for
permanent residency based on a relationship to a U.S. citizen, a
permanent resident, or someone who is eligible to become a permanent
resident based on their occupation in the United States. Only a
limited number of visas are approved under this second category. The
family-related visas granted under this category are limited to
persons who have had petitions submitted on their behalf by a family
member. These categories are:
(a) First
family preference (F1). This category is comprised of the
unmarried sons and daughters (age 21 or older) of U.S. citizens.
(b) Second preference (F2A). This category is comprised of
the spouses and unmarried children (under 21) of permanent
residents. (F2B) is comprised of the unmarried adult sons and
daughters of permanent residents (21 years of age or older).
(c) Third preference (F3). This category is comprised of
married sons and daughters (any age) of U.S. citizens.
(d) Fourth preference(F4). This category is comprised of
siblings of adult U.S. citizens.
A person who
wishes to obtain permanent residency for a family member must submit a
petition (Form I-130) to INS with a money order in the amount of $110,
with additional documents to verify his or her legal status and the
relationship of the person to the family member who is being petitioned.
After INS approves the petition, it is sent to the National Visa Center.
There the petition will be processed and held until the case is ready
for interviews at the appropriate U.S. consulate abroad.
The waiting time
for completion of this process depends on the applicant's preference
category at the time of application. For petitions submitted for
immediate relatives of U.S. citizens, there is no limit and legal
residency may be obtained in a relatively short time. However, from the
time the application is approved until the person is called for an
interview with the INS, the waiting period for a visa could be several
years for those in the "preference" categories mentioned above
((a)-(d)).
In the case of
persons who are able to adjust their legal status within the United
States because their applications were filed prior to January 14, 1998,
their file will be sent to the INS office within the U.S. which handles
their adjustment of status.
This is very
general information about a very complex legal process. For specific
advice, you should consult a licensed attorney or INS-accredited
immigration specialist.
