USCIS Immigration Process for Dependents

Who Are Dependents?

Dependents are close family members eligible to immigrate to the U.S. based on their relationship to a principal immigrant (the person petitioning). Common dependents include:

  • Spouse: Husband or wife of the principal applicant.
  • Unmarried Children Under 21: Biological, step, or adopted children of the principal applicant.
  • Other Family Members: In limited family-based categories, dependents may include siblings or parents (if sponsored by a U.S. citizen).

Dependents can apply under Family-Based Immigrant Visas or accompany a primary applicant under certain employment-based or non-immigrant visa categories.


Steps for Dependents Immigration

1. Determine the Immigration Path

  • Family-Based Immigration:
    • Immediate relatives of U.S. citizens (spouse, unmarried children under 21, or parents) have priority and no visa limits.
    • Family preference categories (e.g., F2A for spouses and children of lawful permanent residents) are subject to visa caps and waiting periods.
  • Employment-Based Immigration:
    • Dependents of employment-based immigrants can apply for derivative visas (e.g., spouse and children under an EB-2 or EB-3 petition).
  • Non-Immigrant Visas:
    • Dependents of temporary visa holders (e.g., H-4 for H-1B dependents, F-2 for F-1 student dependents) must apply for their specific visa type.

2. File the Petition

  • For family-based immigration, the petitioner (U.S. citizen or lawful permanent resident) files Form I-130 (Petition for Alien Relative).
    • Separate petitions are required for each dependent.
  • For derivative visas (employment-based cases), the principal applicant includes dependents on their visa application.

3. Approval of Petition

  • USCIS reviews the petition. Once approved:
    • The case is forwarded to the National Visa Center (NVC) for further processing if the dependent is outside the U.S.
    • For adjustment of status within the U.S., the case moves directly to the next step.

4. Consular Processing (Outside the U.S.)

  • After approval, the NVC processes the case:
    1. Pay Fees: Immigrant visa fees for each dependent.
    2. Submit Form DS-260: Online immigrant visa application.
    3. Submit Supporting Documents: These include:
      • Passport (valid for at least 6 months beyond entry).
      • Birth certificates, marriage certificates (if applicable).
      • Police clearance and medical examination records.
      • Proof of financial support (Form I-864, Affidavit of Support).
    4. Attend the Visa Interview: Dependents must attend an interview at a U.S. embassy or consulate.
    5. Receive Visa: If approved, dependents are issued immigrant visas.

5. Adjustment of Status (Within the U.S.)

  • If the dependents are already in the U.S. on a valid visa, they can apply for a green card by filing Form I-485 (Application to Adjust Status).
    • Required documents include:
      • Proof of lawful entry (e.g., I-94, visa stamp).
      • Relationship evidence (marriage certificate, birth certificate, etc.).
      • Financial support evidence (Form I-864).

6. Receive Green Cards

  • Approved dependents receive their green cards and become lawful permanent residents (LPRs).

Estimated Timeline

  • Family-Based Petition (Immediate Relatives): 7–15 months for I-130 approval.
  • Family Preference Categories: May involve waiting years due to visa limits.
  • Employment-Based Dependents: Often processed concurrently with the principal applicant, typically within 12–18 months.

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