hiwhy - Overseas Chinese Web Guide
Health

[ Immigration ]

How Do I Help My Relative Become a Permanent Resident?

Background

One of the most common ways people immigrate is based on a relationship to a permanent resident. If you are a permanent resident and you want to help a relative immigrate, go online to start the process by filing a Form I- 130, Petition for Alien Relative.

Filing an I-130 relative petition and proving a qualifying relationship gives the relative a place in line for a visa number among others waiting to immigrate based on that same kind of relationship.

Who Are the Relatives I Can Petition For?

Any permanent resident can file a petition for the following relatives:

  • Husband/wife; and
  • Unmarried children, regardless of age.

In your petition, you will have to prove your relationship to the person for whom you are filing.

How Long Will This Process Take?

The length of the line–and thus, the wait before your relative can actually apply to immigrate–varies by relationship and country. For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years behind those with petitions that were filed before theirs. When your relative reaches the front of the line, the U.S. Department of State will contact him/her with instructions on how to apply for an immigrant visa. If you are interested in current wait times, see "Visa Bulletins" on the State Department's website.

What About My Relative's Family?

In most cases, when your husband or wife's place in line is reached and he/she applies to immigrate, his or her unmarried children under 21 can apply as dependents at that time. However, if the child marries or turns 21 before they immigrate, they will no longer be eligible as a dependent. USCIS recommends filing separate petitions for each child. A separate petition keeps the child's place in line among sons and daughters of permanent residents waiting to immigrate.

If you think a child may marry before they can immigrate, you may want to not only consider filing a separate petition for them now, but also applying to become a U.S. citizen if you are eligible. While there is no visa category for the married child of a permanent resident, there is one for the married child of a U.S. citizen. Filing a separate petition now preserves that option so if you do become a U.S. citizen before the child marries, then the separate petition could continue to be processed in the visa category for the married son/daughter of a U.S. citizen.

What Happens After I File?

After you file a relative petition, we will mail you a receipt so you will know we have received your petition. Please send all required papers the first time to avoid delay of your application. We will notify you when we make a decision and if your petition is approved, we will send it to the U.S. State Department's National Visa Center (NVC). You can get further information about immigrant visa processing from the U.S. State Department's website.

Source: U.S. Citizenship and Immigration Services.