Because the laws and procedures in obtaining permanent residency for your family members are so complex, I think it may be very helpful to you if I illustrate the process by way of real-life examples.
Disclaimer. The following is intended only to give you a general idea of the topic. It is NOT intended to be legal advice. Everyone’s goals and situations are unique. Please consult an attorney to determine which method is best for your specific goals.
Christine recently became a U.S. citizen. She wants to get a green card for her mom who is currently in the United States and her father who is still living in their home country. Her mother is currently out of status for overstaying her last entry as a tourist. Her father has never been to the United States.
Attorney Avelino explained to Christine that although overstaying a tourist visa is never encouraged and illegal, the immigration laws will still allow her mother to adjust status to a lawful permanent resident based on her maternal relationship to a U.S. citizen (as an Immediate Relative) as long as her mother is otherwise admissible.
With the help of Attorney Avelino, they file the family petition and application to adjust status for Christine’s mother. At the same time, Christine also files a family petition for her Father in his home country.
In a couple months, Christine’s mom is scheduled to appear at the adjustment interview at their local USCIS office. Attorney Avelino prepares her for the interview and she passes the interview without any problems and the officer informs her he is approving their case. (Sometimes in these types of cases the adjustment interview is waived, i.e., the mother would just receive her green card in the mail without having to go to the interview).
Shortly after the interview, USCIS informs Christine that her immigrant petition for her father has also been approved and being forwarded to the National Visa Center (NVC) for further processing. With the help of Attorney Avelino, Christine submits all of the required documentation to the NVC and the NVC schedules her father for an interview at the U.S. Embassy in her father’s home country.
With the help of Attorney Avelino, Christine’s father prepares all the necessary documents he will need to bring to the interview. He pays the visa application fees and gets his medical examination completed. After consulting with Attorney Avelino on what he can expect at the interview, he goes to the interview feeling confident and is approved for his immigrant visa. Shortly afterwards, his passport with the immigrant visa stamp is delivered to him by courier.
Other Real Life Examples for Family Based Petitions
- Example 1: U.S. Citizen Petitions Foreign Spouse Already In the United States and Her Children Who are Abroad
- Example 2: U.S. Citizen Child (21 years old or over) Petitions Mother Already In the United States and Father Who is Abroad
- Example 3: Permanent Resident Parent Petitions Children Living in their Home Country