How To Apply For A Positive Identification In United State.

The steps to get a family-based positive identification officially referred to as a permanent resident card vary supported the qualifying kinship and where you reside (inside the US or outside). If you’d wish to petition (sponsor) a loved one for a positive identification otherwise you are a far-off national that desires to permanently move to the US, this text provides a basic overview of the eligibility categories and family-based positive identification process. How To Apply For A Positive Identification In United State.

How To Apply For A Positive Identification.

It’s helpful to know that not all positive identification applications are treated in an equivalent way. Most categories must wait an extended period – this is often because most categories have a limited number of immigrant visas (green cards) available annually.

So typically, “family preference” categories must wait in line for positive identification. On the opposite hand, “immediate relatives” of U.S. citizens have a vast supply of green cards – there’s no wait.

Here’s how each category is split. The immediate relative category for family-based green cards includes:

  • Spouse of a U.S. citizen
  • Unmarried child under 21 years age of a U.S. citizen
  • Orphan adopted abroad by a U.S. citizen.
  • Orphan to be adopted within the U.S. by a U.S. citizen.
  • Parent of a U.S. citizen (petitioner must be a minimum of 21 years old)
  • The family preference category for family-based green cards includes:

(Family First Preference): Unmarried sons and daughters of a U.S. citizen, and their minor children, if any

(Family Second Preference): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of lawful permanent residents

(Family Third Preference): Married sons and daughters of a U.S. citizen, and their spouses and minor children

(Family Fourth Preference): Brothers and sisters of a U.S. citizen, and their spouses and minor children (petitioner must be a minimum of 21 years old).

Green Card for Immediate Relatives of U.S. Citizens

The immediate relative category is surely qualified relatives of U.S. citizens to return and live permanently within the US. Eligible immediate relatives include the U.S. citizens:

  • Spouse
  • Unmarried children under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)

Because there are a vast number of visas for this category, immediate relatives have special immigration priority and don’t need to wait in line for a visa number to become available.

Before a U.S. citizen petitions an unmarried child for positive identification, it’s important to know how marriage affects the immigration process.

If an instantaneous relative child under age 21 gets married, he or she will not be classified as an instantaneous relative and can become a “third preference” (F-3) category married son or daughter of a U.S. citizen and a visa would not be immediately available.

Green Card for Other relations of U.S. Citizens.

Family members of U.S. citizens that don’t qualify as immediate relatives may fall under another category called the family preference category. Family preference relatives which will be eligible include the U.S. citizens:

Unmarried sons or daughters over the age of 21 Married child(ren) of any age Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

There is a strict cap on the amount of family preference green cards that are issued annually. Thus, family preference green cards generally involve a waiting period.

Additionally, there are annual per-country limits that cap the share of immigrant visas which will tend to individuals from each country.

As a result, individuals from countries with high rates of U.S. immigration, like India, China, Mexico, and therefore the Philippines, often experience longer wait times for green cards than individuals from countries with lower rates of U.S. immigration.

Green Card for relations of a Permanent Resident

All eligible relations of a permanent resident are put into the family preference category. A permanent resident isn’t ready to petition parents, siblings, or married children. A permanent resident may only petition:

Spouse Unmarried child (any age)

Again, there’s a strict cap on the amount of family preference green cards that are issued annually. Thus, family preference green cards generally involve a waiting period.

Additionally, there are annual per-country limits that cap the share of immigrant visas which will tend to individuals from each country.

As a result, individuals from countries with high rates of U.S. immigration, like India, China, Mexico, and therefore the Philippines, often experience longer wait times for green cards than individuals from countries with lower rates of U.S. immigration.

Get Priority — Become a Citizen

A permanent resident can sometimes upgrade the I-130 petition and expedite the method by becoming a U.S. citizen. Once the petitioner becomes a U.S. citizen, the priority will improve.

For instance, a spouse’s category will improve from F-2 to IR-1 when the permanent resident becomes a U.S. citizen. Positive identification is instantly available for an IR-1 spouse.

Unmarried Sons and Daughters

Unmarried sons and daughters of permanent residents got to remember how marriage affects their ability to immigrate to the US.

If an unmarried son or daughter of a permanent resident gets married before becoming a permanent resident, he or she not qualifies for permanent residence through the permanent resident loved one. there’s no visa category for a married child of a permanent resident.

How to Apply for a positive identification

Once immigration officials approve the I-130 petition and/or an immigrant visa is instantly available, there are two basic ways to use for a family-based green card: adjustment of status or consular process.

Adjustment of Status

The adjustment of the status path can only be employed by certain immigrants that are already within U.s.  Generally, this is often limited to immediate relatives of U.S. citizens that are within the U.s.  on a legitimate nonimmigrant visa and entered through lawful means.

For instance, a far-off student from Colombia and U.S. citizen marry. The Colombian spouse can immediately adjust status (provided that he/she remains in valid status with the scholar visa).

Or, the Chinese parent(s) of a U.S. citizen with a tourist visa is visiting a son within us and make the choice to relocate to the U.S. permanently. The parent can adjust status to a permanent resident (green card holder).

Adjustment of Status Forms

An adjustment of the status application package involves several forms that are “filed concurrently” with U.S. Citizenship and Immigration Services (USCIS). In other words, the subsequent forms are submitted together in one package:

Although the alien petition could also be filed first, most of the people prefer to concurrently file the forms (file both at an equivalent time) to expedite the method.

The petitioner prepares Form I-130, and therefore the positive identification applicant prepares Form I-485. Form I-130 establishes that the petitioner features a valid, eligible relationship with the new immigrant. It also requests that a positive identification be reserved for the immigrant.

Form I-485 may be a request for USCIS to regulate the applicant’s temporary nonimmigrant visa to a permanent immigrant visa (green card).

Positive Identification Through Adjustment Of Status A Word Of Caution

When we grant a far-off national visitor visa (B-2) or most other non-immigrant visas, it does so together with your promise that you simply shall depart by the time it expires.

If, however, you employ a non-immigrant visa as how of gaining entry with the particular goal of adjusting status, the U.S. government considers this visa fraud.

during this circumstance, the govt is probably going to deny a positive identification application supported by the misuse of the non-immigrant visa. It also can cause long-term immigration problems.

You should not visit the U.S. on a non-immigrant visa with the preconceived intention of filing Form I-485. this is often considered a misuse of the visa and therefore the family-based positive identification application will likely be denied.

Consular Processing

The consular processing path is often employed by immigrants that are inside or outside U.s.  Consular processing is that the process used when an immigrant applies for a family-based positive identification through the U.S. embassy or consular offices in a foreign country.

In most cases, a family preference applicant will use consular processing due to the wait. for instance, a far-off student from Colombia and U.S. permanent resident marry.

Once the foreign student’s visa expires, he or she must leave U.s.  if the positive identification isn’t yet available.

The foreign spouse must wait outside the U.S. until the positive identification is out there then apply through the U.S. consular offices in Colombia.

Or, the Chinese brother of a U.S. citizen with a tourist visa is visiting within U.s.  and makes the choice to relocate to the U.S. permanently.

The brother will presumably need to return to China when the tourist visa expires. Staying beyond the expiration date will presumably end in the denial of positive identification and make significant immigration problems within the future.

Consular Processing Forms

Consular processing also requires two major forms and a number of other related forms that has got to be filed with USCIS:

Form I-130, Petition for Alien Relative. Form I-130A, Supplemental Information for Spouse Beneficiary (if relative maybe a spouse). Form DS-260, Application for Immigrant Visa and Alien Registration. Form I-864, Affidavit of Support.

First, the U.S. citizen or permanent resident must prepare and file the shape I-130 (and Form I-130A if applicable).

It establishes that the petitioner features a valid, eligible relationship with the intending immigrant. Once the petition is approved and therefore the immigrant visa is out there, the immigrant can file the DS-260 (immigrant visa application), affidavit of support, and other paperwork at the local U.S. embassy or consular offices.

This is a simplified overview of the processes to get a positive identification through the family. really, additional steps and a number of other forms are going to be required.

These steps and forms can vary supported by the qualifying kinship mentioned above the trail taken to get the positive identification.

For more information about positive identification wait times and trade-offs of the 2 paths, attend Consular Processing vs Adjustment of Status.

Family-Based Petition Processing Times

Under the present U.S. immigration law, Congress limits the amount of family preference green cards which will be granted annually.

Thus, the annual quota (numerical limit) on each category combined with limits for every country, can create very significant waits for a few categories. That generally translates into a wait time after filing Form I-130, Petition for Alien Relative.

To see what happens after filing Form I-130 processing and therefore the estimated wait time for an immigrant visa, visit Form I-130 time interval.

Within each category, USCIS processes the I-130 petition on a first-come, first-served basis. So it’s important to urge onto this waitlist early.

It’s extremely important that the petitioner file a well-prepared Form I-130 package that’s freed from errors and inconsistencies.

How to Read the Visa Bulletin

Leave a Reply