U.S citizens and legal permanent residents have the right to apply for an immigrant visa for their eligible relatives.
- U.S citizens may apply for a visa for their immediate relatives: spouses, unmarried children under the age of 21, and parents. Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories. If the relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.” Eligible relatives include: Unmarried sons or daughters over the age of 21, Married children of any age, Brothers and sisters. Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.
- Permanent residents may apply for a visa for their spouses and unmarried children of any age to immigrate to the United States. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa number becomes available.
- The U.S citizens or permanent resident must file a petition Form I-130 on behalf of the qualifying foreign national relative.
- Documentation to prove the qualifying family relationship must be provided.
- An affidavit of support.
If you think you can get a Green Card for you or for a relative, call IACO at 973-472-4648.
For more information about the Green Card through family based petition, go to USCIS web page.