Family-based GREEN CARDs
US Citizens and GREEN CARD holders (lawful permanent residents) may apply for a visa to their loved ones (immediate relatives).
Practice
The process begins with the application of an “I130-Petition for Alien Relative” with USCIS – United States Citizenship and Immigration Services, complemented by the necessary proof of citizenship or nationality, proof of the family tie, and proof of income. The Petitioner/Sponsor (U.S. Citizen or GREEN CARD holder) shall demonstrate that can financially support the relative, showing annual income above 125% the poverty line for that year. Or appoint joint sponsor.
Visa Number – Availability (“Wait List”)
To approve a petition a “visa number” shall be available for that type of case (category). The Department of State is responsible for determining if and when there is a “visa” available to each category. The information is updated every month and published on the Department of State website. If there is a visa available, the case moves forward. If not, it is necessary to wait until a visa becomes available.
No “wait list”
There are always visas available (“No Wait List”) for immediate relatives of U.S. Citizens.
US Consulate (abroad) vs. Adjustment of Status
The visa request can be processed by the U.S. Consulate abroad (Consular Processing) or inside the United States through the filing of an Adjustment of Status.
Consular process is the process in which someone applies for a Visa while abroad (outside the United States).
Adjustment of Status is a process in which someone, who is currently in the United States and holds a non-immigrant visa (student, tourist, H1B, etc.), applies to register for permanent residency while physically present in the United States.
