Anaya Nolan
If you are a US citizen or permanent resident with family members living outside the country, you can file a petition for them to immigrate to the US. This process, known as family-based immigration, allows eligible family members to obtain an immigrant visa, which can lead to a green card or lawful permanent residence. The first step in this process is for your relative to file a Form I-130, or Petition for Alien Relative, with the US Citizenship and Immigration Services (USCIS). Once this petition is approved, your relative will need to wait for an immigrant visa to become available, file a visa application, and attend an interview at a US embassy or consulate. The entire process can be complex and lengthy, so it is recommended to start as early as possible and consider seeking the help of an immigration lawyer.
| Characteristics | Values |
|---|---|
| Who can bring in-laws into the US? | U.S. citizens and permanent residents |
| Who can be brought into the US? | Immediate relatives, including a spouse, child, parent, brother, or sister |
| What is required? | A Form I-130 (Petition for Alien Relative) must be filed with U.S. Citizenship and Immigration Services (USCIS) |
| What happens after filing? | USCIS verifies the petition and issues a receipt notice or a Request for Evidence (RFE) if more information is needed |
| What happens after approval? | The approved petition is sent to the Department of State's National Visa Center (NVC) in Portsmouth, New Hampshire |
| What happens at the NVC? | Petitions may remain at the NVC for several months or years, depending on the visa category and country of birth of the visa applicant |
| What happens when the priority date is close? | NVC sends the petitioner a bill for processing Form I-864 and sends the beneficiary a Form DS-261 |
| What happens after Form I-864 is paid? | NVC sends the Form I-864 and instructions to the petitioner |
| What is the next step for the beneficiary? | File a visa application with the NVC and attend an interview with a U.S. consular official |
| What happens if the beneficiary is already in the US? | They may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status |
| What is the cost? | As of February 2023, the general filing fee for an I-130 petition is $535, with potential additional fees |
| How long does it take? | Approval for a sibling petition may take six to twelve months, but it can vary and sometimes take years |
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What You'll Learn
Sponsoring an in-law for a family-based immigrant visa
To bring your in-laws to the US, you can sponsor them for a family-based immigrant visa. This type of visa is for close relatives of US citizens, such as spouses, unmarried children under 21, or parents. There are two categories of family-based immigrant visas: Immediate Relative and Family Preference.
The first step in obtaining a family-based immigrant visa is for your relative (the petitioner) to file a Form I-130 (Petition for Alien Relative) by mail with U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. An unlimited number of visas are available for this category, and the priority date is usually irrelevant.
Once USCIS approves an immigrant visa petition, they send the approved petition to the Department of State's National Visa Center (NVC) in Portsmouth, New Hampshire. The NVC will assist you in preparing your visa application and interview for certain visa categories at US Embassies and Consulates. Petitions may remain at the NVC for several months or years, depending on the visa category and the country of birth of the visa applicant.
When the beneficiary's (the person on whose behalf the petition was filed) priority date is about to become current, the NVC sends the petitioner a bill for processing Form I-864 (Affidavit of Support) and sends the beneficiary a Form DS-261 (Choice of Address and Agent). Once the Form I-864 processing fee is paid, the NVC sends the form and related instructions to the petitioner.
It's important to note that there are two types of family-based immigrant visas: Immediate Relative and Family Preference. Immediate Relative visas are based on a close family relationship with a US citizen, such as a spouse, child, or parent. The number of immigrants in these categories is unlimited. Family Preference visas are for more distant family relationships with a US citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited, and the priority date is essential.
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The I-130 petition process
To bring your in-laws to the US, you will need to sponsor them for an immigrant visa. The first step in obtaining a family-based immigrant visa is for your relative (the petitioner) to file a Form I-130 (Petition for Alien Relative).
The I-130 form is used by US citizens and lawful permanent residents to prove they have a family relationship that makes their relative eligible to immigrate to the United States. It establishes a qualifying relationship between the petitioner and their relative, allowing them to immigrate to the US. The form is filed with US Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.
The petitioner must be either a US citizen, a lawful permanent resident, or a US national. The relative (beneficiary) must be eligible to come to or stay in the US permanently and apply for a Permanent Resident Card (also known as a Green Card).
There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the family relationships exist. You cannot file an I-130 to sponsor the following relatives:
- Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or parents-in-law
- Adoptive parents or adopted children (if the child was adopted after turning 16)
- Biological parents (if the petitioner became a green card holder or obtained US citizenship through adoption)
- Stepparents or stepchildren (if the marriage that created the step-relationship happened after the child turned 18)
- Spouse (if the marriage ceremony was not attended by both spouses or if the petitioner became a green card holder through a prior marriage to a US citizen or green card holder)
The filing fee for Form I-130 can be paid with a money order, personal check, cashier's check, or credit/debit card using Form G-1450. Filing fees are final and non-refundable.
After the I-130 form is filed, USCIS may invite the sponsor and the relative to attend an interview. However, in some cases, USCIS may approve the I-130 without an interview. For instance, if the petitioner is a US citizen filing for their parents or unmarried children under 21 who are in the US and have filed Form I-485, an interview may be waived.
If the I-130 petition is approved, the relative may apply for a Green Card. If the relative is already in the US and an immigrant visa is available, they can apply for a Green Card by filing Form I-485. Certain relatives must wait for an immigrant visa number to become available before filing Form I-485 or requesting an immigrant visa at an embassy or consulate through consular processing if they are outside the US. However, if the relative qualifies as an immediate relative (spouse, child, or parent of a US citizen), an immigrant visa is always available.
If the financial situation of the petitioner changes after filing Form I-130, they may still be able to proceed with the petition by seeking a joint sponsor who meets the financial requirements. The joint sponsor must be a US citizen or lawful permanent resident and meet the income thresholds.
If USCIS denies the I-130 petition, the petitioner will receive Form I-797 ("Notice of Action") in the mail. The petitioner can appeal the decision to the Administrative Appeals Office (AAO) within 30 days of the notice being sent.
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The priority date and visa availability
For family-sponsored immigrants, the priority date is typically the date that Form I-130 is filed, while for certain cases, such as widows or widowers, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, may be used instead. The priority date is particularly significant in preference cases, where the number of visas is limited.
The Department of State's National Visa Center (NVC) receives the approved petition from USCIS and retains it until the case is ready for adjudication by a consular officer. The duration of this retention period can vary from several months to many years, depending on the visa category and the country of birth of the visa applicant. When an applicant's priority date is close to becoming current, the NVC initiates the next steps in the process by sending relevant forms and instructions to the petitioner and beneficiary.
The Visa Bulletin, published by the U.S. Department of State, plays a crucial role in visa availability. It summarizes the availability of immigrant visas according to the Application Final Action Dates chart and the Dates for Filing Applications chart. The Final Action Dates chart indicates when applicants may file their adjustment of status applications, while the Dates for Filing chart is used when there are more visas available than known applicants.
The priority date, in conjunction with the visa category and nationality, determines whether a visa number is available or if the applicant needs to wait. Due to high demand, there may be a visa queue, and DOS allocates visas based on the prospective immigrant's preference category, country of chargeability, and priority date. The Visa Bulletin allows individuals to check their place in the queue and provides the most recent dates for when a visa number becomes available in different categories and countries.
In summary, the priority date and visa availability are interconnected and essential aspects of the immigrant visa process. The priority date influences an applicant's place in the visa queue, and the visa availability, as indicated in the Visa Bulletin, determines when an applicant can proceed with the final steps toward obtaining lawful permanent resident status.
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The interview with a consular official
To bring your in-laws to the US, they will need to apply for an immigrant visa. The first step in obtaining a family-based immigrant visa is for the relative in the US (the petitioner) to file a Form I-130 (Petition for Alien Relative) by mail with U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. Once the petition is approved, the National Visa Center (NVC) will assist in preparing the visa application for the interview.
The interview is usually waived for children under 14, though not always. It is best to check the application procedures at the consulate where the application is being made. If the interview is not waived, children under 14 will need to attend, and their passports and application materials must be brought to the interview.
The officer will start by reviewing the forms and documents. They might ask questions that are identical to those on the forms. They will ask questions designed to find out whether the applicant qualifies for the visa. The questions will depend on the type of visa being applied for. For example, if applying for a student visa, the officer might ask what the applicant plans to do upon graduation, and will want to hear an answer that involves returning to their home country.
The applicant must bring the following documents to the interview:
- Appointment Letter – The interview appointment letter received from NVC
- Passport – An unexpired passport valid for six months beyond the intended date of entry into the United States
- Photographs – two identical colour photographs for each applicant, which must meet the general Photograph Requirements
- Supporting Documents – original or certified copies of all civil documents uploaded into CEAC
- English Translations – If documents requiring English translation were not sent to NVC, they must be obtained and presented on the day of the interview
If a problem arises, consular officers rarely deny visa applications on the spot. If the issue can be corrected, or if the applicant is inadmissible but eligible to apply for a waiver, they will normally be asked to provide additional materials or a waiver application. It is recommended to ask that any requests for more materials be put in writing, stating exactly what is needed and why.
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Adjustment of status
The first step in the adjustment of status process is to determine if you fit into a specific immigrant category. Most categories require you to have an approved immigrant petition before you can file a Form I-485, Application to Register Permanent Residence or Adjust Status. However, some categories may allow you to file your Form I-485 at the same time that the immigrant petition is filed or while the immigrant petition is pending. This is called "concurrent filing".
The first step in obtaining a family-based immigrant visa is for your relative (the petitioner) to file a Form I-130 (Petition for Alien Relative) by mail with U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. Once your relative has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page.
If you are the spouse of a U.S. citizen and have lawfully entered the United States, you can file Form I-485 to adjust your status and start your journey towards becoming a green card holder. If you are the fiancé(e) of a U.S. citizen, you can file Form I-485 if you entered the United States on a K-1 nonimmigrant visa and married the same U.S. citizen.
To use Adjustment of Status (AOS), you must have used a valid visa or the Visa Waiver Program for your most recent entry to the United States. Most applicants must be in lawful status when they first apply for Adjustment of Status, even if their visa later expires before the process is complete. One exception is if you are applying for Adjustment of Status through marriage to a U.S. citizen. In these cases, you can use AOS even if you overstayed on a visa, as long as you originally entered the United States with a valid visa or visa waiver.
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Frequently asked questions
The first step is for your relative (the petitioner) to file a Form I-130 (Petition for Alien Relative) by mail with U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.
The processing time for an I-130 petition varies depending on the capacity of the USCIS and the number of pending petitions. On average, approval for a sibling petition may take six to 12 months.
Once the petition is approved, the sibling will need to wait for an immigrant visa to become available based on the priority date. The wait time for a visa can vary depending on the sibling’s country of origin and the number of visas available in the Family-Based Preference Category (F4).
