Q&A

What does follow-to-join mean?

What does follow-to-join mean?

Follow-to-Join is a pathway for family members of eligible green card holders to come to immigrate to the United States. Follow-to-Join does not require filing an immigrant petition, Form I-130, for each family member nor waiting for a visa number to become available.

What does FAM mean in immigration?

On January 3, 2018, the U.S. Department of State published revised sections of its Foreign Affairs Manual (FAM) that deal with “public charge.” These State Department instructions underscore the administration’s interest in restricting family immigration and deterring families from securing critical services.

Who are derivative beneficiaries?

Who is a derivative beneficiary? A derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.

What is i 824 form used for?

You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition. NOTE: USCIS or CBP will not approve Form I-824 if your previous approval is expired or was revoked.

How much money do you need to sponsor someone in USA?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $21,775. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

How long does follow to join take?

The current processing time for I-824 petition is between 6.5-11.5 months. Once USCIS approves your petition, it will send you a Notice of Approval (Form I-797). USCIS will then sent the application to the National Visa Center (“NVC”).

What is the wait time for I-130?

For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021). For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years. The sooner you get started on your I-130 application, the better.

Is the derivative approved?

An approved derivative is a derivative that is traded or dealt in on, or under the rules of, a derivatives market that is an eligible market. Note Derivative and deal are defined in the glossary. Eligible market is defined in r 7.1.

Does 90 day rule apply to immediate relatives?

The 90-day rule is used for every applicant who wants to change or adjust their status. Immediate relatives of citizens of the United States are exempt from misrepresentation for the first 30 to 60 days. In some instances, immediate relatives who want to apply for a status adjustment can use the 30 to the 60-day rule.

What happens after I-824 is approved?

After USCIS approves the I-824, then they will send you an approval notice, I-797. From there, USCIS will send the application to the NVC and when the National Visa Center receives the application they will send you a letter with the next instructions in the process.

Who files the I-824?

Children must be unmarried and under the age of 21 to be eligible. Importantly, the permanent resident spouse or parent (the principal applicant) files the I-824 on behalf of his immediate relatives. The principal applicant can only file an I-824 if they already have their Lawful Permanent Resident (LPR) status.

What do I need to apply for follow to join?

To be eligible for Follow-to-Join, the marriage must take place and the children must be born before the principal applicant is admitted to the United States as a permanent resident. A copy your marriage certificate and of any child’s birth certificate must be submitted with the I-824 application.

What does accompanying or accompanied by mean in FAM 502.1?

(a) The term “accompanying” or “accompanied by” means not only an alien in the physical company of a principal alien but also an alien who is issued an immigrant visa within 6 months of: (i) The date of issuance of a visa to the principal alien; (ii) The date of adjustment of status in the United States of the principal alien; or

What does 9 FAM 102.8-1 say about marriage?

You should follow the guidance at 9 FAM 102.8-1 for determining whether the marriage is valid for immigration purposes, including the underlying principal that the law of the place of marriage celebration controls.

Which is spouse or child acquired after admission of principal alien?

(d) Spouse or Child Acquired Subsequent to Admission of Principal Alien: A spouse or child acquired through a marriage which occurs after the admission of the principal alien under INA 101 (a) (27) (C) or INA 203 (a) through INA 203 (c) is not derivatively entitled to the status accorded by those provisions.