Family Immigration
An individual may obtain a temporary visa, permanent residency, or citizenship through a family member who is a U.S. citizen, or in some instances, a permanent resident.
Citizenship
Under the Child Citizenship Act, the minor (under the age of 18) children of U.S. citizens can skip permanent residency and automatically become U.S. citizens. The parent must apply for permanent residency for his or her child. When the application is approved while the child is still under 18 and present in the United States, the child automatically becomes a U.S. citizen. This applies to adopted children, as well, so long as the two-year legal and physical custody requirements have been met, and the adoption was completed prior to the child’s 16th birthday.
If you think that you or a family member may be eligible for a temporary family visa, permanent residency, or citizenship based on a family petition, please do not hesitate to please contact Eagan Immigration for assistance. Our team will meet with you to determine the best option for you or your family member.
Permanent Residence
The immediate relative spouse, parent, or child of a U.S. citizen are immediately eligible to apply for permanent residence. Once immigrant visas are available in the appropriate family preference category, the adult sons and daughters (married or unmarried) and the brothers and sisters of a U.S. citizen and the spouse, child, and unmarried adult sons and daughters of a permanent resident who have approved immigrant petitions or who are derivative beneficiaries are eligible to apply for permanent residence. There are two main ways a person can apply to become a permanent resident:
Consular Processing
If the intending immigrant resides outside the United States or entered the United States without inspection, that person will likely have to obtain an immigrant visa through consular processing outside the United States. This means that the intending immigrant will attend their visa interview at the U.S. consulate in their home country or a designated U.S. consulate near their home country. After receiving an immigrant visa, the intending immigrant will then be allowed to enter (or reenter) the United States. Upon doing so, he or she will become a permanent resident and a “green card” will be mailed to his or her new home in the United States.
Adjustment of Status
If the intending immigrant is already legally in the United States or entered the United States with a visa or other entry permit, that person may “adjust” his or her status from within the United States. The intending immigrant will submit the adjustment of status application and all paperwork in the United States and will attend his or her interview at the local office of the U.S. Citizenship and Immigration Services (USCIS) closest to his or her residence. After permanent residency has been approved, the “green card” will be mailed to the person’s home.
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