Family & Naturalization

Immigrant family in the U.S.

Below is a list of our most common family-based and naturalization cases.
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Family-Based Petitions

I-130 Stand Alone – for those with loved ones outside the U.S. or who do not have an “immediate relative”
I-130 and Adjustment of Status (I-485) – for those inside the U.S.
Consular Processing – for those abroad, with an approved I-130 Petition or I-601A Waiver
Adjustment of Status (I-485) – for those inside the U.S. with an approved I-130 Petition

Naturalization

5-Years – for those who have maintained lawful permanent residence (LPR) for at least 5 years, regardless of how LPR status was obtained

3-Years – for those who obtained LPR status by marriage to a U.S. citizen

Commonly Used Terms

U.S. immigration has its own language, filled with acronyms and phrases not often used in everyday conversation. Here are some commonly used terms to help in your immigration journey!

Immediate Relative

The following individuals are considered “immediate relatives” and thus do not need to wait for a visa to become available before applying for their green card:

  • Spouse of a U.S. citizen
  • Child (under the age of 21) of a U.S. citizen
  • Parent of a U.S. citizen

Non-Immediate Relative

  • Unmarried son/daughter (over the age of 21) of a U.S. citizen (USC)
  • Spouse of a Lawful Permanent Resident (LPR)
  • Child (under the age of 21) of a LPR
  • Unmarried son/daughter (over the age of 21) of a LPR
  • Married son/daughter (over the age of 21) of a USC
  • Sibling of a U.S. citizen

The individuals above must wait for a visa to become available before they are eligible to file for their green cards. In most cases these individuals are abroad and must apply for permanent residence through consular processing.

Visa Wait

For non-immediate relatives, there are 226,000 visas available each fiscal year. Because more than 226,000 individuals apply each year, there is quite a back log and thus a “visa wait”. AKA, waiting for a visa to become available, based on when you file the I-130 petition. Filing and adjudication eligibility dates for these cases are issued on the visa bulletin.

Visa Bulletin

Issued each month by the U.S. Department of State, these charts show which priority dates the USCIS/Department of State is processing for filing and adjudication. For more information on how to read the visa bulletin, check our blog here: The Visa Bulletin – What Is It & How Do I Read It?

Priority Date

For non-immediate relatives, you’ll be issued a priority date when you file the I-130 Petition. This priority date determines when you’re eligible to file for permanent residence. Current priority dates can be found on the visa bulletin.

Adjustment of Status

The process by which you apply for permanent residence, AKA, your green card, from within the U.S. If you lawfully entered the U.S. and are an immediate relative, you may be eligible to “adjust your status” from your current status to a permanent resident.

Consular Processing

The process by which you apply for an immigrant visa through a U.S. consulate or embassy abroad. You’ll then use the immigrant visa to enter the U.S. Once admitted through customs, you’re considered a lawful permanent resident.

This process is most common for immediate relatives living outside the U.S. or for non-immediate relatives whose priority dates are finally current.