1

The I-130

This is an immigrant visa petition. A petitioner can "petition" for a non-United States citizen. A petitioner can be a lawful permanent resident or United States Citizen Spouse, or a lawful permanent resident or United States Citizen Parent or a United States Citizen child or a United States Citizen brother or citizen.

2

Immediate relative classifcation

A United States Citizen Spouse petitioning for a spouse, parent or child under 21 is considered an immediate relative and not subject to the visa quota system. This means that if the qualifying relationship exists, and IMMEDIATE visa is available. Adjustment of status or getting a green card is the next step once a visa is approved and available.

3

Non-Immediate Relatives

Non-immediate relatives are LPR spouses, brother and sisters of USCs and children of LPR over 21. These relatives are subject to the visa quota system and a visa number must be available to them inorder to apply for admission as a lawful permanent resident to the United States. This is the so called "waiting line."

4

The Role of the Immigration Attorney

The immigration attorney can help develop the best strategy for determining the best avenue of immigration, assisting in filing out the forms and filing with the appropriate USCIS office. The role of the immigration attorney is important in this aspect.