I. SUMMARY
II. WHAT IS IR STATUS?
III. WHO QUALIFIES FOR IR STATUS?
IV. WHAT FORMS DO I NEED TO APPLY?
V. FEES TO INS/CONSULATE
VI. PROCEDURE
This immigrant category allows you to immigrate to America based on your relationship to an American citizen or lawful permanent resident. It is one of the ways that you can become a lawful permanent resident or "green card" holder in America. This is not the final step, just the first step to getting your green card. You will still need to file your petition from adjustment of status. Adjustment of status can be done in America or at a consulate post outside of America. There are several categories of family-based immigration. This is one of them. Some categories are unlimited, some allow in only a limited number of persons every year. The IR category is an unlimited family based category.
As part of the application process, you will be required to under go a medical examination by a doctor designated by the consular office. You will be required to pay any fees for the examination.
There is no assurance that your visa will be issued, so do not make any final travel plans, don't sell your house or property, don't quit your job until your visa is issued.
It is an immigrant category. There is no yearly limit on how many people in this category may come into America. This allows you live in America permanently.
III. WHO QUALIFIES FOR IR STATUS?
- You are an immediate relative of a U.S. citizen
A. SPOUSES: It is preferable that you have been married over two years. However, if the marriage occurred within 2 years of being granted permanent residence status, you will be granted permanent residence on a conditional basis. If you are a spouse of a deceased citizens, you must file within 2 year of death. Battered spouses can apply on their own behalf.
1. Who qualifies as a spouse?
a. Your marriage must have been valid when it was performed;
b. You must still be married (you cannot be divorced or legally separated);
c. You must not have gotten married to give or obtain permanent residence status.
B. CHILDREN: Children are unmarried and under 18 years of age, out-of wed-lock children legitimated prior to turning 18, children adopted before they turned 16, step-children if the step relationship occurred before the child turned 18 and children of spouse of U.S. citizen abuser. If you are an orphan, you may also qualify.
2. Who qualifies as a child?
a. The child was born in wedlock
b. Unmarried
c. Under 21
d. If born out of wedlock, the child qualifies based on the mother (if under 21 and unmarried, then the person is considered a child of the mother (IR). If married and over 21, then the person is considered a son or daughter and does not have IR status.)
e. An out of wedlock child may be able to base their petition on their relationship to their natural father if they can show that there is a legitimate parent-child relationship or that the natural father has taken steps to legitimate the child before the child turns 18 and father has had legal custody since the child was legitimated.
f. Step-children if the step relationship occurred before the child turned 18.
g. Children adopted before they were 16, the child lived with the adopted parents for 2 years, and the adoptive parents had custody for 2 years
h. Adopted siblings of the adopted child who were adopted before they turned 18, must have lived with the adoptive parents for two years and the adoptive parents had custody for 2 years
i. The adoption must have taken place before the adoptive parents admission as lawful permanent residents.
j. Some persons who have been orphaned.
C. PARENTS: The INS looks at the relationship between the parent and the child.
3. Who qualifies as a parent?
a. If the citizen is over 21 years and the citizen qualifies under the above guidelines as a child except for age and citizen can be married;
b. Natural parents of adopted children do not qualify in most cases.
IV. WHAT FORMS DO I NEED TO APPLY?
A. INS FORMS: The petitioning family member must file Form I-130, Petition to Classify Status of Alien Relative For Issuance of Immigrant Visa. If you are a the spouse of a deceased U.S. citizen or a battered spouse, you will use Form I-360, Petition for Amerasian, widow(er), or Special Immigrant.
B. GENERAL SUPPORTING DOCUMENTATION: You will need to submit evidence to establish petitioner's U.S. citizenship such as:
1. Petitioner's birth certificate;
2. Unexpired U.S. passport;
3. Statement of a consular officer that your petitioner is a U.S. citizen with an unexpired passport;
4. Certificate of naturalization;
5. Certificate of citizenship;
6. Department of State Form FS-240, Report of Birth Abroad of a citizen of the United States;
7. Baptismal certificate showing the time and place of the petitioner's birth in America, the date of the baptism and a church seal, if any;
8. Sworn affidavits of individuals, alive at the time of petitioner's birth, who know the events of the petitioner's birth;
9. Early school records which give details of the petitioner's birth;
10. Census records giving the details of the petitioner's birth;
11. U.S. armed forces records that their records show petitioner to have been born in America;
12. Evidence to establish the relationship between yourself and the petitioner
C. ADDITIONAL DOCUMENTATION FOR SPONSORING SPOUSE: You will need:
1. Marriage certificate;
2. If the marriage is a common law or other type of similar marriage, evidence that the marriage is recognized under the law of the jurisdiction where it took place;
3. Evidence of the termination of all prior marriages of both parties, if applicable.
D. ADDITIONAL DOCUMENTATION FOR NATURAL MOTHER/CHILD: If you are a natural mother petitioning for child or child petitioning for natural mother, you will need:
1. Child's birth certificate;
2. Parent's marriage certificate;
3. Marriage certificate of married daughter (if applicable);
E. ADDITIONAL DOCUMENTATION FOR NATURAL MOTHER/CHILD: If you are a natural father petitioning for child (minor and adult) or child petitioning for natural father, where child was born out of wedlock, you will need:
1. Child's birth certificate, with father's name;
2. Marriage certificate of married daughter (if applicable);
3. Child was legitimated before the child turned 18 and father has legal custody;
4. Bona fide family relationship.
**Many other parent/child situations exist and you should contact us for specific information on your specific case.
F. ADDITIONAL DOCUMENTATION FOR DECEASED SPOUSES: If your spouse is deceased, you must file:
1. Evidence to establish U.S. citizenship of the deceased;
2. Marriage certificate;
3. Evidence of termination of prior marriages;
4. U.S. citizen death certificate;
5. Secondary evidence may be submitted of these if you cannot obtain these;
6. Evidence of parent child relationship if you have minor children who are going to immigrate with you.
G. ADDITIONAL DOCUMENTATION FOR BATTERED SPOUSES: If you are a battered spouse, you must file:
1. Evidence that you are the spouse or child of an American citizen or permanent resident;
2. Evidence of your relationship to your child, if any;
3. Evidence that you are living in America and lived with your abuser here;
4. Evidence that you were abused by the spouse or parent who is an American citizen or lawful permanent resident;
5. Evidence that, if you are the spouse, that the abuse occurred during marriage;
6. Evidence that, if you are a child, that the abuse took place while you lived with the abuser.
H. PHOTOGRAPHS: Two photographs 2x2 inches square for each applicant. It must show a full face against a light background. You will need one for each spouse if the petition is based on a spousal relationship.
I. FORM G-325A: You will need to file a Form G-325A, Biographic Information Form. This will be needed for both you and your spouse if the petition is based on a spousal relationship.
J. AFFIDAVIT OF SUPPORT: Form I-184, Affidavit of Support and supporting documentation that the petitioner has the ability to support you at 125% of poverty level.
K. FORM G-28: If you are representative, you will need a Form G-28
If adjusting through INS:
I-129 Click here for filing fee
I-485 Click here for filing fee
If adjusting of CONSULATE:
I-129 Click here for filing fee
Adjusting fee at consulate to be defined by consulate. There may be other fees that will be determined at the time of filing.
A. INS FORMS: The petitioner completes I-130 or I-360 and supporting documentation, and filing fee and submits them to the INS Service Center which has jurisdiction over the petitioner. If the petitioner is not in America, the petition can file at an INS overseas office and in some cases, the U.S. consulate. You may file for adjustment of status at the same time. If you are petitioning as a battered spouse or child, your petition is filed directly with the Vermont Service Center and you may not file for adjustment of status at the same time. You will have to wait until your petition is approved.
B. INTERVIEW: You may have to have an interview.
C. APPROVAL ON FORM I-181B: If you filed both an IR petition and for adjustment of status, you will be sent your approval on Form I-181B. This notifies you that you are now a permanent resident. You will need to go to your local INS office and get your passport stamped to show this. You cannot travel until you do this.
D. STANDARD NOTICE OF APPROVAL: If you filed your petition alone without a request for adjustment of status, the petitioner will be notified of your approval. If you are the beneficiary, then you will need to go to your local consulate and apply or your visa. You will be notified that you will no need to file for adjustment of status.
E. CONDITIONAL RESIDENCE STATUS: If you were only granted conditional residence status, this is only good for two years and you will need to apply for the removal of the conditional status 90 days before the two year conditional period expires. This is done by filing Form I-751, supporting documentation and a filing fee. Your children may be included in the petition if they obtained permanent residence status with you.
F. VISA APPLICATION: Once you have received notice of your approval, you must file:
1. A visa application Form OF-156,
2. Valid passport for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
3. Two photographs 2x2 inches square for each applicant. It must show a full face against a light background with your consulate, which will then issue the visa.
4. If your family is accompanying you to America, you must submit a separate form OF-156 for each visa applicant, including infants, photos and a fee for each applicant.
5. Additional fees for application fee and machine readable visa determined by and payable at the American Consulate.
Last Updated on Saturday, 14 May 2011 11:08