A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.
To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:
It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status. Eligibility Criteria You may be eligible to receive a green card (permanent residence) through creation of record if you meet all of the following conditions:
Application Process To obtain a green card, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status. Note: The provisions of permanent residency will not apply to you until you relinquish (give up) your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer. Your registration for this provision is entirely voluntary. Supporting Evidence for Form I-485 You should submit the following evidence with your Form I-485:
Medical Examinations You do not need to undergo a medical exam to be eligible for creation of record of your permanent resident status. Work & Travel Authorization You are not entitled to apply for employment authorization or travel documents (granting advance permission to leave the United States and be readmitted) based on your pending I-485 application. However, you may be eligible to work and travel based on your nonimmigrant status in the United States. Source: United States Citizenship and Immigration Services (USCIS) Green Card for a K Nonimmigrant
The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as nonimmigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place. U.S. citizen fiancé(e)s file for their intended spouse on Form I-129F, Petition for Alien Fiancé(e). Legal Immigration and Family Equity (LIFE) Act The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens. Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse. To prevent a long separation, U.S. citizens were allowed to file an additional petition on Form I-129F while their Form I-130 was pending to allow their foreign spouses and his/her minor children to come to the United States as nonimmigrants in an expedited manner. The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and applicant were married in the United States, the country of the applicant’s current residence. After arrival in the United States, they could then complete their processing for permanent residence. All K nonimmigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States. K nonimmigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status. Eligibility Criteria You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:
Application Process If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4) you will have to file for adjustment of status in order to get your green card and to remain legally in the United States. To obtain a green card, you need to file Form I-485. If You are Present in the United States as a K-1 Fiance(e) You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means. If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e) You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent's eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information. If You Seek Adjustment as a K-3, Spouse of a U.S. Citizen You may seek adjustment as soon as you enter the United States. You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K-3 status for you. Note: You may obtain an extension of your K-3 status in 2-year intervals, while your adjustment of status application is pending. You should, at the same time, apply for an extension of the K-4 status for your child. Refer to 8 CFR 214.2(k)(8) for additional information. If You Seek Adjustment as a K-4, Child of the K-3 Spouse of a U.S. citizen You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based. See 8 CFR 245.1(c)(6)(ii) for additional information. Supporting Evidence for the Form I-485 You should submit all of the following evidence and documentation with your application:
Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns. Read “Other Considerations” below for further information. Medical Examination If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:
Even if a new medical examination is not required, you still must show proof that you have complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon's Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 for further information. Other Considerations Special Considerations When Seeking Adjustment of Status as a K-2 The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21. If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (see information below). K-2/K-4 Adjustment of Status as the Step-Child of the U.S. Citizen & CSPA In 2002, Congress passed the Child Status Protection Act of 2002 to permit an applicant for certain immigration benefits to retain the classification as a "child" under Section 101(b)(1) of the INA even if he or she reaches the age of 21. Limited CSPA Coverage for K-2s An individual in K-2 status does not generally have a visa petition (Form I-130, Petition for Alien Relative) filed by the U.S. citizen petitioner, which is required in order for CSPA provisions to be applicable. Therefore, a K-2 nonimmigrant cannot utilize the CSPA when seeking to adjust status. A K-2, absent any different circumstance, may only seek adjustment until he or she reaches his 21st birthday and must adjust prior to his/her 21st birthday. Although not required, USCIS may accept a Form I-130 filed by the U.S. citizen petitioner based on a parent-child relationship between the petitioner and the K-2 nonimmigrant (for example, when the U.S. citizen petitioner has married the K-1, and the K-2 was not yet 18 years old at that time. In this case, the K-2 is considered the step-child of the U.S. citizen under the law). This will allow an individual who once was a K-2 to adjust on the basis of being an immediate relative of a U.S. citizen, and allow him or her to utilize the CSPA when seeking adjustment of status (that is, not age out while his/her Form I-485 is pending). Exercising this option requires:
CSPA Coverage of K-4s An individual in K-4 status may utilize the provisions of CSPA upon seeking adjustment of status because a K-4 nonimmigrant seeks to adjust as an immediate relative of a U.S. citizen on the basis of a Form I-130 filed by his or her U.S. citizen step parent. This petition can only be filed if a parent-child relationship between the U.S. citizen and the K-4 nonimmigrant exists and the marriage between the U.S. citizen and the K-4’s parent occurred before the child’s 18th birthday. Since the K-4 child’s age “freezes” on the date the Form I-130 is filed, a K-4 benefits from the CSPA as long as the Form I-130 petition is filed before the K-4’s 21st birthday. Source: United States Citizenship and Immigration Services (USCIS) As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization. Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about filing for immigration status. Those Eligible to File
Eligibility Requirements for a Spouse
Eligibility Requirements for a Child
Eligibility Requirements for a Parent
Filing Process
Working in the United States If you have an approved Form I-360, you are eligible to apply to work in the United States. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. Your children listed on your approved Form I-360, may also apply for work authorization. Permanent Residence (Green Card) If you have an approved Form I-360, you may be eligible to file for a green card. If you are a self-petitioning spouse or child, your children listed on your approved Form I-360 may also be eligible to apply for a green card. Source: United States Citizenship and Immigration Services (USCIS) Get a Green Card While Inside the United States
If you are currently in the United States and are one of the specified categories of relatives of a permanent resident, you may be able to become a permanent resident in two steps.
Get a Green Card While Outside the United States If you are currently outside the United States and are one of the specified eligible categories of relatives of a permanent resident, you can become a permanent resident through consular processing. 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. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. Things to keep in mind:
Source: United States Citizenship and Immigration Services (USCIS) Is Your Family Member an "Immediate Relative?"
“Immediate relatives” of a U.S. citizen are defined as a spouse, unmarried children under the age of 21, and parents. Immediate relatives always have a visa number immediately available. Family Preference Category If the family member of the U.S. citizen is not an immediate relative, then the U.S. citizen may still be able to sponsor them via what is called a “family preference category.” Eligible relatives include:
Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available. Get a Green Card While Inside the United States 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, you may be able to become a permanent resident in two steps.
Get a Green Card While Outside the United States If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. 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. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. Things to keep in mind:
Source: United States Citizenship and Immigration Services (USCIS) To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:
Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories. Get a Green Card While Inside the United States One Step Process Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page. Two Step Process You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.
Get a Green Card While Outside the United States If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for immediate relatives of U.S. citizens, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.” The Department of State will notify you when you are eligible to apply for an immigrant visa. If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated. Things to keep in mind:
Source: United States Citizenship and Immigration Services (USCIS) A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder). There are two types of family-based immigrant visas: Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year. Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year. Keep in mind that U.S. citizens can file an immigrant visa petition for their: • Spouse • Son or daughter • Parent • Brother or sister U.S. Lawful Permanent Residents can only file an immigrant visa petition for their: • Spouse • Unmarried son or daughter The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).
Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa. Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications. The following information applies to winners legally residing in the United States only: Eligibility Criteria For an applicant to adjust status under the DV Program, you must establish that you:
Visa Availability For visa availability, check the latest month's DOS Visa Bulletin. Section B contains a chart showing the current month's visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas. Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year. A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month. Application Process To obtain a Green Card, you must file Form I-485. Submit the following evidence with your Form I-485:
Other Considerations The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year. Source: United States Citizenship and Immigration Services (USCIS) Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page. Permission to Work in the United States You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization if:
If you are granted asylum you may work immediately. Some asylees choose to obtain Employment Authorization Documents (EADs) for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum. For more information see our Form I-765, Application for Employment Authorization page. See the 180-Day Asylum EAD Clock Notice and the ABT Settlement Agreement for further information. Bringing Your Family to the United States If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried. You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition. For more information see our Form I-730, Refugee/Asylee Relative Petition” page. Filing for Permanent Residence (Green Card) You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case. Source: United States Citizenship and Immigration Services (USCIS) |