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Family Based Immigration Eligibility

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Immigration through a Family Member

A lawful permanent resident has been granted the privilege of permanently living and working in the United States. This status allows the resident a path to becoming a citizen of the United States. Also the resident can bring relatives to the United States based on the resident status by filing an immigrant visa petition, I-130 (Petition for Alien Relative) for the relative. This petition must be accompanied by proof of relationship to the requesting relative. If the relative is outside the United States when an immigrant visa number becomes available, he or she must then go to the U.S. consulate servicing the area of residence to complete the processing.

Eligibility

The Petitioner must prove that they can support the immigrant at 125% above the mandated poverty line, by filling out an Affidavit of Support I-864.

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

If the sponsor is a U.S. Citizen, they may petition for the following relatives to immigrate to the United States:

  • Husband or wife
  • Unmarried child under 21 years of age
  • Unmarried son or daughter over 21
  • Married son or daughter of any age
  • Brother or sister, if the sponsor is at least 21 years old, or
  • Parent, if the sponsor is at least 21 years old.

Lawful Permanent Residents may petition for the following to immigrate to the U.S.:

  • Husband or wife, or
  • Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.

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