Family-Based Immigrant Visas
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
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First, the U.S. Citizenship and Immigration Services ("USCIS") must approve an immigrant visa petition (Form I-130) for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
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Second, the U.S. Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, as published in the State Department's Visa Bulletin, it means that you can apply to have one of the immigrant visa numbers assigned to you.
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Third, if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way in which you can apply to secure an immigrant visa number.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
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First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
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Second Preference: Spouses of lawful permanent residents, their unmarried children (under 21 years of age), and the unmarried sons and daughters of lawful permanent residents.
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Third Preference: Married sons and daughters of U.S. citizens.
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Fourth Preference: Brothers and sisters of adult U.S. citizens.