If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.

The USCIS must approve an immigrant visa petition, I-130 for Alien Relative, for you. This petition is filed by your relative and must be accompanied by proof of your relationship to the requesting relative.

Then, the Department of State must determine if an immigrant visa number is immediately available for you through the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you.

Then, the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you.

If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. Consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

CAUTION: In addition, the alien relative must not be inadmissible based on any grounds under the Immigration and Nationality Act or INA. Therefore, before applying for any immigration benefit, be sure to consult with an experienced immigration attorney from Berkeley Immigration Services.


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