Immigration Benefits of Family members of Lawful Permanent Resident (LPR)
Immigration Benefits of Family members of Lawful Permanent Resident (LPR)
As a Lawful Permanent Resident (LPR or Green card Holder), the person may file the petition for their certain family members to immigrate to the United States as permanent residents. The following family members of LPR are eligible such as:
Spouse
Unmarried child who is under 21 years old
Unmarried son or daughter who is over 21 years old
After Form I-130 was approved
Generally, if the relative (beneficiary) is already in the United States as legally admitted, he / she may apply to adjust status to become a LPR after a visa number becomes available through visa bulletin of State Department. If beneficiary is outside the United States, their petition will be sent to the appropriate U.S. consulate through National Visa Center (NVC) when a visa becomes available. Then, they will be notified through consular processing. However, an approved petition (Form I-130) does not grant any immigration benefit except for creating a place in line for visa processing. Specifically, visa availability can take many years, and it depends on family preference categories.
Have you ever heard about “V Nonimmigrant visa”?
The “V visa” is a nonimmigrant visa created by U.S. Congress per The Legal Immigration Family Equity Act (LIFE Act), on December 21, 2000, allowing families to stay together while waiting for the processing of immigrant visas.
Eligibility Criteria
If the petitioner is an LPR, their spouse, child (unmarried and under 21) may be eligible for this visa type if:
The petitioner filed Form I-130, Petition for Alien Relative, for their family member on or before December 21, 2000. This includes children (unmarried and under 21) listed on the petition
The family member has been waiting for at least 3 years since Form I-130 was filed
The immigrant visa is not available on an approved Form I-130 petition or the application for adjustment status is pending
Important Factors
If the beneficiary is inside the United States, the petitioner must file:
Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and
Form I-693, Report of Medical Examination and Vaccination Record.
If the beneficiary is outside the United States:
He or she must go through consular processing.
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
