U.S. Citizens and Lawful Permanent Residents (LPRs) can petition for their foreign national relatives to become lawful permanent residents. U.S. Citizens can petition for their spouses, children under 21, their adult sons and daughters—whether married or unmarried—their parents, and siblings. LPRs can petition for their spouses, children under 21, and unmarried adult sons and daughters over 21. The first step in a family-based immigration petition involves establishing one of these qualifying relationships.
The second step involves applying for an immigrant visa or adjusting status to permanent residency. Certain relatives qualify as “immediate relatives,” meaning they are not required to wait for a visa to become available. These individuals can combine steps one and two, applying for adjustment of status or an immigrant visa simultaneously while establishing their qualifying relationship. Other relatives must wait for a visa to become available before completing the process to become LPRs, which requires a separate application for an immigrant visa or adjustment of status when a visa becomes available in their category.
Learn more about family-based immigration here.
Delgado Rompf Bruen LLC will evaluate your eligibility and assist you in gathering the necessary documents to prove your qualifying relationship and meet all other requirements for permanent residency. We will also help you determine if the K visa process, consular processing, or adjustment of status is the best option for your case. Our attorneys will evaluate your history to determine if you require a waiver of inadmissibility to apply for permanent residency. If you do, we will assist in determining your eligibility for a waiver and, if eligible, work with you to prepare your application.
The most important documents for the family-based immigration process establish the qualifying family relationship. Birth and marriage certificates often provide the best evidence for parent-child and sibling relationships. Certain parent-child relationships may also require additional documentation, such as adoption certificates, legal guardianship decrees, and evidence of financial support.
Spousal relationships require more than just a marriage certificate. These relationships are frequently scrutinized to ensure the marriage was not entered into solely for immigration benefits. Therefore, documents demonstrating the bona fide nature of the marriage, such as mortgage statements, rental agreements, and evidence of joint finances, are needed.
A list of documents that can be used to support a bona fide relationship can be found here.
Inadmissibility waivers also require substantial documentation. Delgado Rompf Bruen can assist clients in drafting affidavits and gathering documents to establish extreme hardship and other elements. A list of potential documents that can be used to support a waiver of inadmissibility application can be found here.
If you are interested in petitioning for a family member, Delgado Rompf Bruen is available for consultation. You can learn more about scheduling a consultation here.