If you are an U.S. Citizen….
You can petition for your spouse, children, parents (if you are at least 21 years old), and siblings (if you are at least 21 years old) for permanent residence (Green Card) in the U.S. If you are an U.S. Citizen, you can also do a fiance(e) petition for your fiance(e) outside of the US and children of the fiance(e) under 21 years of age.
If you are an LPR/Green Card Holder…
You can petition for your spouse, your unmarried children under 21, unmarried son or daughter of any age.
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FREQUENTLY ASKED QUESTIONS
WHAT IS THE DIFFERENCE BETWEEN ADJUSTMENT OF STATUS AND CONSULAR PROCESSING WHEN FILING A FAMILY PETITION?
If the family member/beneficiary is living outside the U.S., they will receive their Lawful Permanent Residence/Green Card through consular processing. If they are in the U.S., they will receive their Lawful Permanent Residence/Green Card through adjustment of status.
ADJUSTMENT OF STATUS
The petitioner first submits a spouse petition to USCIS. After the spouse petition is approved, the beneficiary can file for adjustment of status to become a permanent resident and get their Green Card. If the petitioner is a U.S. citizen, depending on other circumstances, both the spouse petition and adjustment of status petition can be filed at the same time. Contact us to learn more.
You will be required to attend a biometrics appointment and be scheduled for an interview.
You must also have a medical exam before your interview.
You may sometimes need to provide additional evidence or be scheduled for a second interview.
USCIS will inform you if you have been approved or denied, and send you a permanent resident card if approved.
Depending on your circumstances, you might need to also file a waiver. Please contact us for a consultation to assess whether that might apply to you.
The petitioner first submits a spouse petition to USCIS. After the spouse petition is approved, it will be sent to the National Visa Center (NVC).
The NVC will then contact the beneficiary to collect fees and begin visa pre-processing. After the required paperwork is submitted, the NVC will schedule an interview.
You will have an interview at your local embassy or consulate. You must also have a medical exam before your interview.
You will be informed of your approval or denial or if you need to submit more documentation.
If approved, you will receive a visa in your passport. You can then travel to the U.S. Once in the U.S., your permanent resident card will be mailed to you.
What about your grandparents, aunts and uncles, grandchildren, or in-laws?
No. You cannot directly apply for these relatives.
When you petition for your children, their children are also included, if they meet the USCIS dependents’ eligibility requirements.
You cannot directly apply for your in-laws, but if your relative becomes a citizen, their relatives may be eligible for visas.
WHAT HAPPENS IF YOU FILED A FAMILY PETITION AS A LPR/GREEN CARD HOLDER AND THEN YOU BECOME A CITIZEN?
If you petitioned for your relatives when you were a LPR, but you are now a citizen, you can upgrade the status of your relative’s visa.
There are a number of situations and circumstances that can only be adequately addressed in a thorough consultation. Contact us to learn more.