Overview on Green Card for a Family Member of a U.S. Citizen.

File a Form I-130 if U.S. citizens want their relatives to immigrate to the United States. You can Petition for Alien Relative, for spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters can be petitioned for.

You may be in what is called a “family preference category” if your relationship does not qualify you as an immediate relative of a U.S. citizen. Then Eligible relatives include:

  • Unmarried sons or daughters over the age of 21
  • Married child(ren) of any age
  • Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Under these categories congress has limited the number of relatives who may immigrate each year so before an immigrant visa number becomes available there is usually a waiting period.

The steps required to get a green card (permanent residence) for relatives of a U.S. citizen in a preference category is discussed below:

If applicant is Inside the US how to get a Green Card?

You may be able get family based green card to become a permanent resident in two steps if you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category:

Step One –Form I-130, Petition for Alien Relative must be filed by U.S. citizen family member (sponsor) for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative.

Step Two – You may file for Adjustment of Status with Form I-485, Application to Adjust Status or Register Permanent Residence once the priority date in your visa category is current. Adjustment of Status is the process you go through to become a Permanent Resident.

If applicant is Outside the US how to get a Green Card?

You can become a permanent resident through consular processing if you are currently outside the US and are one of the specified categories of relatives of a U.S. citizen in a preference category. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. The Department of State will issue you a visa in this process. If approved, you may then travel on the visa and when admitted at a U.S. port of entry you will officially become a permanent resident.

Points to ponder:

The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you.

If going to get Married: You must notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa. If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an “Unmarried Son or Daughter of a U.S. Citizen” and will convert to the category of “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in your immigrant visa becoming available.

Apply to get exception from citizenship test after filing application for US citizenship!

 

 

 

Aspirants who apply for US citizenship through naturalization must establish an understanding of English language and also ability to speak, write and read words in regular usage. Knowledge and understanding of fundamentals of the history, principles and form of US governments is a must. Both together are called the English and civics requirements for naturalization.

Applicants seeking an exception from the English and US civics test requirements after filing N400
application for naturalization
based on physical or age-linked disability or mental deficiency which lasted for more than a year must submit the Form N-648 according to USCIS regulations. A licensed medical doctor or licensed clinical psychologist must complete this medical certification for disability exceptions and be submitted along application for US citizenship, Form N-400. The USCIS will determine if applicant is entitled for concession to the requirements using this Form N-648.

Who cannot use Form N-648?

Under the Rehabilitation act of 1973 reasonable adjustments are provided and applicants who can satisfy them need not submit the form. Among other factors the reasonable adjustments include sign language interpreters, time extension for testing and off site testing. Illiteracy is not a valid reason to request for exception from civics and English requirement of naturalization using Form N-648. The applicant should indicate the adjustment he/she is requesting for in the Part3 of the INS N 400 Form while applying for US Citizenship.

Certification of Form N-648

Authority to certify the Form N-648 is only for medical doctors, doctors of osteopathy, or clinical psychologists licensed to practice in US including territories like Guam, Puerto Rico, territories of CNMI and the Virgin Islands. Assistance for form completion can be provided by the staff of the medical practice but the accuracy of form’s content is the medical professional’s responsibility.

The licensed medical professional must certify all parts of the Form N-648 except for the applicant attestation and interpreter’s certification after an in-person examination of the applicant. USCIS doesn’t accept incomplete forms so all the items or questions must be fully and accurately answered. Common terminology and not abbreviation should be used to fill in the form easily understood by a person without medical training. For legibility purposes it’s always recommended to use the electronic form available online. As required on the form the detailed assessment of the applicant’s physical and developmental disability or mental impairment should be provided by the medical professional and also attach medical diagnostic report or records as support documents.

Implication of false representations

Under the penalty of perjury the medical professional and the applicant both are required to attest the Form N-648, with no filing fee, submitted along N400 application form. The United States Code provides that whoever knowingly makes under oath or as permitted under section 1746 of Title 28 of United States code under the penalty of perjury knowingly subscribes as true any false statement with respect to a material fact in any application, affidavit or other documents required by the immigration law or regulations prescribed or knowingly presents any such document will be fined or imprisoned for not more than 10 years or both. Also under the Title 18 of the US code Section 247 C of the Immigration and Nationality Act and title 8 of US code section 1324c provides for penalty if any false information is included in the information provided by either the applicant or the medical professional.