Question 5: What is the process in applying through my family?

Carl Shusterman's Answer

Carl Shusterman's Answer: The first step in qualifying for a green card under the family-based preference category, is to have your relative submit a visa petition (form I-130) to the Immigration and Naturalization Service, together with the appropriate documentation and filing fees. To obtain a copy of form I-130, see:

http://shusterman.com/immforms.html              and click on  I-130.

Regarding documentation, your relative needs to prove his immigration status and his relationship to you. For example, if your US citizen brother is petitioning for you, he needs to prove

1) that he is a US citizen and

2) that you are brothers.

Proof of US citizenship may be established by a certificate showing his birth in the United States, by a naturalization certificate, by a citizenship certificate, or by a US passport.

Proof that you are brothers may be established by copies of both your birth certificates showing that you have at least one common parent.

The INS requires that these documents be certified and not merely photocopied. After the petition is approved, you will need to wait in line for your priority date (the day INS received the petition), to become "current."

If you are in the United States when your priority date becomes current, you may apply for adjustment of status to permanent resident. If you are outside the United States when your priority date becomes current, you may apply for an immigrant visa at a US consulate in your country.

Beware of traveling to the US as a tourist or student just before your priority date becomes current.  The INS may accuse you of concealing your true intentions and may deny your application for adjustment of status, on the basis of fraud.