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Family Based ImmigrationFAMILY IMMIGRATION is
the easiest way to get a green card. There is no
uncertainty involved. You will be granted for sure. The
trick is that you must have the required family tie in
order to apply.
For those who is in the United States and who is out of
legal status, the only way to become legal again is to
marry a US citizen, if he or she is not parent or child
of a US citizen (USC). Because if you are out of status
and you are not spouse, parent or child of a USC, then
you are not eligible to adjust status to that of a
permanent resident inside the United States, and if you
go outside of the United States, you will face the
10-year bar or the 3-year bar. By marrying a USC, not
only will you get green card and all the benefits that
comes with it, you will also be able to get green card
for your children if they are under 18 years old (who
will become step child of the USC you married) when you
married the USC.
IF YOU ARE A US CITIZEN, you can file for:
1. Your husband, wife or unmarried child under 21 years
old (immediate relative)
2. Your unmarried child over 21 - FB-1 (family based 1st
preference)
3. Your married child of any age - FB-3
4. Your brother or sister if you are at least 21 years
old - FB-4
5. Your parent if you are at least 21 years old -
immediate relative
IF YOU ARE A PERMANENT RESIDENT, you can file for:
1. Your husband or wife - FB-2A
2. Your unmarried child - FB-2B
WHAT DOCUMENTS DO YOU NEED?
1. Document to show that you are a US citizen or
permanent resident (Birth Certificate, passport, green
card, etc.)
2. Documents to prove family relationship (Marriage
Certificate, Birth Certificate).
3. Some specific documents for different cases.
Specifically, if you are filing for your:
A. HUSBAND OR WIFE, give the INS the following:
1-your marriage certificate
2-1 photo of each
3-if any of you was previously married, give divorce
certificates for all of your prior marriages, or death
certificates of former spouses, if applicable.
B. CHILD and you are the MOTHER, give the child's birth
certificate showing your name and the name of your
child.
C. CHILD and you are the FATHER OR STEPPARENT, give the
child's birth certificate showing both parents= names
and your marriage certificate. CHILD born out of wedlock
and you are the FATHER, give proof that a parent/child
relationship exists or existed. For example, the child's
birth certificate showing your name and evidence that
you have financially supported the child. (A blood test
may be necessary).
D. BROTHER OR SISTER, your birth certificate and the
birth certificate of your brother or sister showing both
parents= name. If you do not have the same mother, you
must also give the marriage certificates of your father
to both mothers.
E. MOTHER, give your birth certificate showing your name
and the name of your mother.
F. FATHER, give your birth certificate showing the names
of both parents and your parents' marriage certificate.
G. STEPPARENT, give your birth certificate showing the
names of both natural parents and the marriage
certificate of your parent to your stepparent.
H. ADOPTIVE PARENT OR ADOPTED CHILD, give a certified
copy of the adoption decree, the legal custody decree if
you obtained custody of the child before adoption, and a
statement showing the dates and places you have lived
together with the child. - The adoption must take place
before the child=s 16th birthday, and the child must
have been in the legal custody and living with the
adoptive parents for at least 2 years.
4. IF THE BENEFICIARY IS IN THE UNITED STATES AND IS
ELIGIBLE TO ADJUSTMENT STATUS IN THE UNITED STATES, the
following documents are required:
1. His or her Birth Certificate
2. 2 of his or her photos
3. Affidavits of Support made by the Petitioner with
Employment letter or most recent 3 years Tax Return
DATA NEEDED
ABOUT YOU (THE PETITIONER)
1 Name (and other names used)
2 Address
3 Phone#
4 Place of birth (city, state, country)
5 Date of birth
6 Marital status
7 Date and place of present marriage
8 Social security number
9 A#
10 Names of prior husbands/wives
11 Dates of the prior marriages ended
12 Did you gain PR through marriage? Yes____ NO_____
12. Ever file other petitions? No____Yes_____
13. Employment information
employer name, addess
occupation
14. Dependents (names)
ABOUT THE ALIEN
1 Name (and other names used)
2 Address
3 Place of birth (city, state, country)
4 Date of birth
5 Marital status
6 Date and place of present marriage
7 Social security number
8 Names of prior husbands/wives
9 Dates of the prior marriages ended
10 Ever been in the US? Yes____ No_____
11 Name and address of present employer and started date
12 Ever under immigration proceeding No_____ Yes _____
13 Name, date of birth, country of birth of husband/wife
and all children
14 Address intend to live
15 Address abroad
16 Native alphabet
17 Last address you live together (if spouse)
18 Will apply visa at American Consulate in
____________(city, country)
19 Will apply adjust status in ______________(city)
If in the US:
Visa type
I-94
Date of arrival
Expiration date
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