• “Immediate relatives” of U.S. citizens are the spouses, parents, and unmarried children (under the age of 21) of U.S. citizens.  Immediate relatives of U.S. citizens are not subject to the numerical restrictions on visas that are applicable to relatives in the other family-based visa categories.


• Family-sponsored immigrant visas for relatives other than immediate relatives are subject to numerical limitations and are categorized as follows:


• First (F1): for unmarried sons and daughters of U.S. citizens.
• Second (F2A and F2B): for spouses and children of permanent residents (F2A) and unmarried sons and daughters (21 years of age and older) of permanent residents (F2B).
• Third (F3): for married sons and daughters of U.S. citizens.
• Fourth (F4): for brothers and sisters of U.S. citizens who are 21 years of age or older.

Widow(er) With Pending or Approved Immigrant Petition

Widow(er) Without a Pending or Approved Immigrant Petition

• Was married to a U.S. citizen at the time the citizen spouse passed away
• Either has a pending or approved Form I-130 or has filed a Form I-360 within 2 years of the U.S. citizen Spouse’s death (or no later than Oct. 28, 2011, if the U.S. citizen died before Oct. 28, 2009, and both were married less than 2 years).
• Has not remarried
• Was not divorced or legally separated from the spouse at the time he or she died
• Is able to prove that both were in a bona fide marital relationship until the  time of the spouse’s death
• Is admissible to the United States

Children of Widow(er) of a U.S. Citizen

K-1 Visa for the Fiancée of a U.S. Citizen

A K-1 visa is a nonimmigrant visa benefiting fiancées of U.S. citizen petitioners.  It permits the foreign national fiancée of a U.S. citizen to enter the United States for a ninety (90) day period to conclude a marriage with the U.S. citizen petitioner.  The marriage must take place within the ninety (90) day period after entry.  After the marriage occurs, an application for permanent residence can be made for the foreign national.

Unmarried children of the K-1 beneficiary may accompany the K-1 beneficiary to the United States on a K-2 visa.  Children in K-2 visa status may attend school and, after the marriage of the K-1 parent to the U.S. citizen petitioner, may apply for employment authorization.

K-3 Visa for Spouses of U.S. Citizens

A K-3 visa is a nonimmigrant visa benefiting foreign-citizen spouses of U.S. citizens.  The K-3 visa permits the spouse of a U.S. citizen who has filed an I-130 Petition to enter the United States to await approval of the petition.  Proof of the filing of the I-130 Petition must be included with the K-3 visa petition.  Unmarried children of the K-3 beneficiary may accompany the K-3 beneficiary to the United States on a K-4 visa.

CPR status is given to those people who received permanent residence in the U.S based upon marriage to a U.S citizen or permanent resident spouse for less than 2 years at the time you were granted a green card.

• You have married an LPR of the U.S.
• Your LPR spouse has filed Form I-130 (Petition for Alien Relative) with USCIS on your behalf on or before December 21, 2000 and you are the principal beneficiary of the petition.
• You have been waiting for at least three years for the approval of the petition for Lawful Permanent Resident status.

• You are unmarried and under the age of 21 years.
• You are the child of an LPR of the U.S.
• Your LPR parent has filed Form I-130 (Petition for Alien Relative) with USCIS for you, on or before December 21, 2000 and you are the principal beneficiary of the petition.

• You are unmarried and under the age of 21 years.
• You are the derivative child of a foreign national who is eligible for a V-1 visa.

Parole in Place allows a foreign national who came into the United States unlawfully (without authorization by an immigration officer) to stay for a certain period of time. It is only available to certain undocumented family members of U.S. military personnel (active or veterans). Individuals who are granted Parole in Place are provided authorization to stay and work in the United States. Besides that, Parole in Place beneficiaries are “paroled” for the purposes of applying for a green card inside the U.S.

Anybody who entered the United States unlawfully (without inspection) can generally not apply for permanent residence (green card) from inside the U.S. This process is known as Adjustment of Status. This means that the undocumented family member cannot apply for a green card unless he or she returns to his or her home country for consular processing.

Unlawful Presence

Unlawful presence typically triggers a 3 to 10-year ban. This policy makes immigration extraordinarily difficult after an unlawful presence, it can create stress and anxiety that adversely affects military preparedness for members of the U.S. armed forces.

The Parole in Place policy ties to prevent the separation of military families. It allows certain family members to remain in the United States. In addition to being in an authorized stay, the former undocumented family member(s) may also be eligible for employment authorization. Generally, immediate family members can adjust status to legal permanent residents (green card).

Parole in Place is only granted on a case-by-case basis for humanitarian reasons or significant public benefit. It is considered a lawful immigration status for purposes of specific immigration benefits, such as a Green Card. Note that Parole in Place by itself does not lead automatically to any immigrant status or other immigration benefit.

Eligibility for Parole in Place. A person may be eligible for Parole in Place in one-year increments if he or she is the spouse, widow(er), parent, son, or daughter of:

• An active-duty member of the U.S. armed forces;
• A member of the Selected Reserve of the Ready Reserve; or
• A military veteran (whether living or deceased, as long as he or she was not dishonorably discharged) who served in active duty or in the Selected Reserve of the Ready Reserve.