Who Can Petition for Whom
In order for a US Citizen or Permanent Resident to petition a foreign national relative to immigrate to the Unites States they must meet the following criteria:
The petitioner must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can financially support their relative (beneficiary) at 125% above the mandated poverty line, by filling out an Affidavit of Support which documents that fact.
The relatives which may be petitioned for as an immigrant vary depending on whether the petitioner is a U.S. Citizen or a lawful permanent resident.
Petitions by U.S. Citizens
If the petitioner is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the petitioner is at least 21 years old, or
Parent, if the petitioner is at least 21 years old.
Petitions by Permanent Residents
If the petitioner is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
Husband or wife, or
Unmarried son or daughter of any age.
In any case, the petitioner must be able to provide evidence of the relationship.
Understanding the Preference System
People who want to become US immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available and there will be no wait. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences (lower preferences have a longer wait).
First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives the visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State’s National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of the petitioner, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
Source: Visas Journey
