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Living in the US is a privilege and an honor. It is a life that many would want to live. Immigrating to the US however, is not an easy task. Immediate relatives of U.S. Citizen have to fit into the narrowly tailored definition of §201(b) of the Immigration and Nationality Act. Immediate relatives of U.S. Citizen are defined as: 1. The spouse of a U.S. Citizen; 2. The unmarried child of a U.S. Citizen under 21 years old; 3. The parent of a U.S. citizen who is at least 21 years old Moreover, the law distinguishes between family relationships of U.S. Citizens and U.S. Permanent Residents. More importantly, there is no limit to the amount of visas issued to immediate relatives of U.S. Citizens. There are two ways to apply for an Immediate Relative of a U.S. Citizen. The U.S. Citizen can file Form I-130 for the Alien Relative while the Alien Relative is physically in the U.S. or through what is referred to as Consular Processing. Consular Processing is the process by which the Alien Relative who is not currently residing in the U.S. applies for an immigration visa at a U.S. Consulate overseas. Applying for a an Alien Relative currently in the U.S. is a two step process and is not automatic or guaranteed and depends on eligibility. Upon filing Form I-130 by the U.S. Citizen, and while pending approval, the beneficiary or Alien Relative can then file Form I-485 seeking "Adjustment of Status." On the other hand, consular processing requires only the U.S. Citizen to file Form I-130. The next step in this process is the issuance of a visa on the approved I-130 petition by the Department of State. The Alien Relative can then travel to the U.S. and become a permanent resident when allowed to enter the U.S. at the port of entry. In petitioning for a Green Card for the spouse of a U.S. Citizen, the USCIS reviews to see whether the marriage is a sham marriage or a genuine marriage. A sham marriage is a marriage that is intended to circumvent immigration laws. A genuine marriage for immigration purposes is examined by looking at the couple's intent at the time of the marriage, and whether the couple intended to establish a life together when they entered the marriage. A U.S. citizen's unmarried child under 21 years old is also considered an immediate relative, and there are no limits to the amount of visas issued. Section §101(b)(1) of the Immigration and Nationality Act contains the definition of a "child." While the definition is too voluminous to list here, it includes children born in wedlock and out of wedlock. What is important to show is that a parent-child relationship exists at the time of the petition. Moreover, the child must be under the age of 21 and unmarried when the visa is issued. Lastly, a U.S. Citizen must be 21 years or older when applying for a parent as an immediate relative. Similar to above, a parent-child relationship must exist at the time of the petition. The points discussed above are meant to highlight some of the benefits available to a US Citizen in obtaining a Green Card for an immediate relative, and is not meant to be an all-inclusive list. Always consult with an attorney to determine what is appropriate for your specific needs. How to apply for a green card for an immediate relative of a U.S. Citizens in the country.
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