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There are various ways to be eligible for permanently immigrating to United States such as your close relatives are in USA who sponsor you (family based immigration), some professionals of a given occupation are in short supply in USA and your employer would like to sponsor you (employment based immigration), by applying in a lottery to win the permanent residence (not all citizens of all countries are eligible), political asylum, investment based and so on.
This section describes family based immigration.
Congress, by conferring permanent residence eligibility upon certain family-based groups, has properly emphasized the importance of family unification in American immigration law.
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in theUnited States.
In order to be able to sponsor a relative to immigrate to the United States, you must meet the following criteria:
– You must be a US citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
– You must be willing to sponsor your relative for lawful permanent residency by filing the I-130, Petition for Alien Relative.
– You must prove that you can support your family, your relative and all other sponsored family members at 125% above the mandated poverty line.
If you are a US Citizen, you may petition for following relatives, as long as you can prove the relationships:
Husband or wife or unmarried child under 21 years old;
Parent, if you are at least 21 years old;
Unmarried son or daughter over 21 years old;
Married son or daughter of any age;
Brother or sister, if you are at least 21 years old.
If you are a lawful permanent resident (green card holder), you may petition for following relatives, as long as you can prove the relationships:
Husband or wife; or
Unmarried child under 21 years of age;
Unmarried son or daughter over 21 years of age.
Lawful permanent residents may not sponsor their parents, married sons/daughters or brothers/sisters to live permanently in the U.S.
Form i 246. Application for a stay of deportation. i-246 - BIA Stay of Removal | Criminal Immigration Lawyer
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