United States immigration laws provide a spread of the way to use for positive identification (permanent resident status). The various paths come through family relationships, employment, refugee/asylum status, diversity lottery, and a number of other special immigrant classes. Family-Based Positive Identification?
Family-Based Positive Identification.
However, the overwhelming majority of immigrants apply for positive identification through a kinship. For instance, almost 69 percent of the quite a million people that obtained a positive identification in 2019 were during a family-based category consistent with USCIS statistics. the appliance process for family-based permanent residence is that the focus of this text.
Determine If you’ve got Eligibility Through a loved one
Are you associated with a U.S. citizen or lawful permanent resident? to use for positive identification through a kinship, you want to have one among only a couple of eligible relationships with a U.S. citizen or lawful permanent resident. Family-based immigration falls into two categories: immediate relatives and family preference.
Immediate Relative Category.
Immigration law categorizes the spouse, unmarried children (under age 21), and fogeys of U.S. citizens as immediate relatives. That’s it.
An immediate relative category is an exclusive group. That’s because an immigrant visa is usually available. there’s no “wait” for a visa if you’re an instantaneous relative.
The paperwork takes a while, but immediate relatives aren’t subject to the long waits related to other categories. Again, immediate relatives only include:
- Spouse of a U.S. citizen
- Unmarried child under the age of 21 of a U.S. citizen
- Parent of a U.S. citizen who is a minimum of 21 years old
Family Preference Category
Most other eligible relations fall under the family preference category. Family preference categories often have an extended wait related to them.
That’s because there’s a numerical limit of immigrant visas available to family preference immigrants annually.
- Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens
- Spouses and unmarried children (under age 21) of permanent residents
- Unmarried adult sons and daughters of permanent residents
- Married sons and daughters (any age) of U.S. citizens
- Brothers and sisters of adult U.S. citizens.
Fiancé(e)s of U.S. citizens even have a path to positive identification, but they don’t fit into one among the categories above. Learn more about the K-1 visa path to a positive identification for fiancés.
Additionally, the widow(er) of a U.S. citizen could also be eligible for positive identification if he or she was married at the time the U.S. citizen spouse died.
Certain loved ones victims of battery or extreme cruelty by a U.S. citizen can also be eligible to use for positive identification through a VAWA self-petition.
These cases can get complicated. Therefore, widow(er) and VAWA self-petitioners should generally work with an immigration attorney to use.
On the opposite hand, grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, and in-laws can’t be directly petitioned.
Obtain Sponsorship from the loved one
Before you’ll apply for positive identification, an “immigrant visa” must be available. An immigrant visa may be a permanent visa that permits a far-off national to permanently live and add us (provided he/she stays within the rules).
It’s also referred to as permanent resident status. USCIS provides every U.S. permanent resident with a permanent resident card, best referred to as positive identification.
Your loved one must begin by requesting an immigrant visa be made available to you. Specifically, the method starts by filing an immigrant petition.
No matter your family-based category — immediate relative or family preference – the method begins with the U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative, with the U.S. government. Use Form I-130 to determine the existence of a qualifying relationship and to form an invitation for a visa to be put aside.
As mentioned previously, immediate relatives will always have an available immigrant visa. In contrast, family preference relatives will have a wait which will last a couple of months to many years.
It depends on what percentage of people also are waiting within the same category also as other factors.
The way to Read the Visa Bulletin
Other classes of admission have different petitions. for instance, there’s an alien worker petition (Form I-140), a special immigrant petition (I-360), and a refugee/asylee relative petition (I-730).
Apply for a positive identification
Once the visa petition (Form I-130) is approved and an immigrant visa is instantly available, the loved one may submit the appliance for positive identification.
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- How To Apply?
Generally, there are two ways this might happen. The loved one may apply for a positive identification outside U.s, and certain persons may apply inside U.s.
Applying for a positive identification Outside the U.S.
Most people apply for positive identification at a U.S. embassy or consulate outside U.s. this is often formally referred to as consular processing.
The intending immigrant submits the appliance and everyone required documentation to the National Visa Center and/or the embassy handling the visa.
Then, an embassy official also will conduct a consular interview before granting the immigrant visa.
Applying for a positive identification Inside the U.S.
Certain individuals who are physically present within us through a lawful entry could also be ready to use the adjustment of the status process to use for positive identification.
When adjusting status, the intending immigrant must have an immigrant visa immediately available to them.
Generally, this makes adjustment available only to immediate relatives (who always have a visa available). Certain family preference immigrants who have an approved I-130 and a visa are current can also adjust status. But this is often less common.
An adjustment of status application typically includes a package of forms and supporting documents to include:
- Application to Register Permanent Residence or Adjust Status
- Petition for Alien Relative
- Supplemental Information for Spouse Beneficiary (if relative maybe a spouse)
- Affidavit of Support
- Report of checkup and Vaccination Record
- Application for Employment Authorization (optional)
- Application for Travel Document (optional)
If using CitizenPath to organize your adjustment of the status package, we’ll provide detailed filing instructions (based on your situation) that specify exactly which supporting documents to incorporate with each form. If preparing on your own, please ask the USCIS filing instructions on the USCIS website.
Preparing a positive identification Application Package
Filling out forms correctly and assembling a correct package of materials is critical. supported Lockbox Rejection Data, USCIS rejects almost 10 percent of applications.
Once applications are accepted processing, USCIS can also deny the case. within the most up-to-date four quarters, USCIS has a mean denial rate of over 18 percent for family-based I-485 applications consistent with DHS statistics.
Most intending immigrants can apply for a positive identification on their own but enjoy some extra help. That’s where CitizenPath comes in.
Our affordable service makes the appliance process easier with step-by-step guidance. The attorney-designed software provides instant alerts when there’s a drag.
In addition to a neatly prepared application that’s able to sign, our customers get detailed filing instructions that supported their answers.
The customized filing instructions provide directions for supporting documents, the way to assemble the package, and where to mail it. Watch a video explainer or start free of charge.
Green Card Time Line
Several factors affect the positive identification timeline. For starters, the eligibility category (immediate relative or family preference) features a significant effect on the wait.
As explained, positive identification is usually available to immediate relatives. However, family preference categories can wait a couple of months up to twenty years in some cases.