The most common way for an immigrant to obtain lawful permanent residence (“LPR”), is through a family-based visa petition. Spouses, children, parents, and siblings may file petitions for their family members and those petitions fall into two categories: immediate relatives, and all others.
Immediate relatives are spouses of U.S. citizens, children under 21 of U.S. citizens, and parents of children over age 21. Immediate relatives of U.S. citizens do not have to wait for a visa to become available after a petition is approved and may be eligible to adjust status in the U.S. if the immigrant meets other eligibility criteria.
The other categories are spouses of LPRs, children under age 21 of LPRs, adult children of U.S. citizens and LPRs, and siblings of U.S. citizens. Each of the beneficiaries of these visa petitions must wait for a visa to become available before they may apply for LPR status. The Visa Bulletin governs when those visas are available: The Visa Bulletin.
Beneficiaries of family based visa petitions who are outside the U.S. must apply for their permanent resident visas at a U.S. consulate in their home countries. We call this Consular Processing. While each consulate abroad has some unique aspects, the eligibility requirements are the same.
To find out whether you are eligible to adjust status within the U.S., or whether you must Consular Process and need a waiver, please call to schedule a free consultation with a licensed attorney.