If you are a relative of any U.S. citizen, then you hold the facility of getting a Green Card or becoming a lawful permanent resident of US, based on the family relationships, along with meeting the certain eligibility criteria. You will termed as an immediate relative if:
- You are the spouse of U.S. citizen;
- You are the unmarried child under twenty-one years of age of U.S. citizen
- You are the parent of a U.S. citizen (if the citizen is or more than 21 years of age.
This article talks about the important aspects for immediate relatives in the US wanting to apply lawfully for a permanent residence status in the United States. It is also termed as “adjustment of status.”
When an immediate relative child of a U.S. citizen is 21 years of age, he generally becomes the “first preference” (F1) category (whether son or daughter over 21 years of age) of U.S. citizen. The child no longer holds the immediately available visa. This variation results in an extensive wait in modification of visa or status process as he/she now needs to wait for the immigrant visa proceedings to become available.
Another case is of getting married. If the immediate relative’s child is under 21 years of age and gets married, then he won’t be considered as an “immediate relative” any longer and the application for visa will automatically be converted into (F3) i.e. “third preference” category. Married daughter or son of any U.S. citizen wouldn’t get an immediately available visa. One needs to notify USCIS about any sort of change in the marital status after the I-130 Form has been filed or prior to getting an immigrant visa or becoming a permanent resident.
As per CSPA (Child Status Protection Act), some recent modifications in the law can help children from getting aged out. The Child Status Protection Act in some orders permits a child to hold the cataloging of “child” even if he is 21 years of age. Usually, your age stays frozen as per the date, the U.S. citizen parent has filed for you in the Form I-130. Concluding this, if you are looking for any legal assistance, regarding green card or immigration, check www.ilexlaw.com their high-quality service is just made to perfection.