One of the surest ways to secure citizenship for your family living abroad is through a family-based adjustment of status. Essentially, it grants you, a permanent resident of the U.S., the ability to petition for qualified family members through the United States Citizenship and Immigration Services (USCIS). If the petition is granted, the foreign national in question would not be required to return to their home country and file an immigration visa through the U.S. consulate there. The adjustment can happen on American soil, provided a Form I-130 has been accepted and a thorough interview has been conducted by the USCIS.
In regards to who may petition, it depends on your status in this country and whether or not you can establish proof of your relationship with the individual in question. If you are a U.S. citizen you may petition for one or more of the following individuals:
- Husband or wife;
- Unmarried children (under 21 years of age);
- Married child of any age;
- Mother or father (provided you are 21 years of age);
- Brother or sister (provided you are 21 years of age).
On the other hand, if you are a green card holder you may only petition for the following family members:
- Husband or wife;
- Unmarried children (under 21 years of age)
Unfortunately, green card holders may not petition on their parents or their brothers and sisters’ behalf. Additionally, the USCIS makes a number of exceptions to family based adjustments, including certain adoptions, previous criminal activity and extended family members, such as cousins or grandparents.
If you have any questions concerning your adjustment of status or wish to learn more about how to effectively petition for a family member living overseas, contact the immigration attorneys at Peek Law Group and schedule an appointment.