If you want to become a lawful permanent resident based on the relationship with relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a the following process.

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

• Second, 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 becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.

• Third, 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 for 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 for you, 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 in which you can apply to secure an immigrant visa number.

Eligibility

As Petitioner, you must meet the following criteria:

1. You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
2. You must prove that you can support your relative at 125% above the mandated poverty line.
3. If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States ; however you must be able to provide proof of the relationships:
   • Husband or wife;
   • Unmarried child under 21 years old;
   • Unmarried son or daughter over 21;
   • Married son or daughter of any age;
   • Brother or sister, if you are at least 21 years old; or
   • Parent, if you are at least 21 years old.
4. If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States ; however you must be able to provide proof of the relationships:
   • Husband or wife; or
   • Unmarried son or daughter of any age

As Beneficiary, you must meet the following criteria:

• You must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving their status and is willing to sponsor you for lawful permanent residency by filing the I-130, Petition for Alien Relative.
• Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members.