Family-Based Immigration

Immediate Family

The Immigration and Nationality Act allows immediate relatives of U.S. citizens to immigrate to the United States.  Immediate relatives are defined as: the spouse, widow(er), unmarried children under 21 and parents of a U.S. citizen who is 21 or older.

Evidence of Relationship

You may be asked to submit proof of a petitionable relationship with your petitioner. It is useful to bring with you letters, photographs, or other evidence of your relationship.  In certain cases, the consular officer may suggest that take a DNA test to establish a petitionable relationship.  For further information, please click here.

Requirements for Filling Immigrant Visa Petitions

Effective August 15, 2011, petitioners residing overseas
will no longer be able to routinely file Forms I-130,
Petitions for Alien Relative, with U.S. Embassies and
Consulates except in locations where U.S. Citizenship
and Immigration Services (USCIS) has a public counter
presence within the Embassy or Consulate. Petitioners
residing overseas in countries where USCIS does not have
a public counter presence will be required, starting
August 15, 2011, to file their Forms I-130 by mail with
the USCIS Chicago lockbox. U.S. Embassies and
Consulates that do not have a USCIS presence will only
be able to accept and process Forms I-130 in exceptional
circumstances, as outlined below.

Forms I-130 that were properly filed at an Embassy or
Consulate overseas where USCIS does not have a presence
before August 15, 2011, will not be affected by this
change.

Filing Instructions beginning August 15, 2011:


Beginning August 15, 2011, petitioners residing overseas
who wish to file a Form I-130, Petition for Alien
Relative, may do so as follows:

• If the petitioner resides in a country in which USCIS
  has a public counter presence, the Form I-130 may be
  filed directly with the USCIS field office (see
  instructions below) or through the USCIS Chicago Lockbox
  at one of the below addresses.
• If the petitioner resides in a country where USCIS
  does not have a public counter presence, the Form I-130
  must be filed with the USCIS Chicago Lockbox at one of
  the addresses below, unless the petitioner requests and
  is granted an exception based on one of the criteria
  described below:
  
  USCIS Chicago Lockbox addresses for regular mail
  deliveries:
  
  USCIS
  P.O. Box 804625
  Chicago, IL 60680-4107
  
  USCIS Chicago Lockbox address for express mail and
  courier deliveries:
  
  USCIS
  Attn: I-130
  131 South Dearborn-3rd Floor
  Chicago, IL 60603-5517

For additional information about how to file a Form I-
130 with the USCIS Chicago lockbox, please see the USCIS
website at:

• www.uscis.gov or contact USCIS by phone at 1-
  800-375-5283.

Filing at USCIS Overseas field offices:

From August 15, 2011, petitioners residing in a country
where USCIS has a field office, with a public counter,
may choose to file the Form I-130 either through the
Chicago lockbox or at the USCIS field office.
Petitioners should contact the USCIS field office with
any questions regarding the filing of petitions. For
more information on where USCIS has overseas field
offices and contact information, please Visit:

• http://www.uscis.gov/international

Exceptional Filing at U.S. Embassies or Consulates
without a USCIS Field Office:

Beginning August 15, 2011, petitioners, who do not
reside in a country with a USCIS field office, but who
believe that their situation merits an exception, may
request an exception to allow the Consular Section at
the Embassy or Consulate to accept the filing. Each
request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy
or Consulate where USCIS does not have a presence should
contact the Consular Section to request consideration of
the request for exception and explain the circumstances
in detail. The Consular Section will then relay the
request for an exception to the USCIS field office with
jurisdiction over the Embassy or Consulate. The
determination of whether the case presents exceptional
circumstances that warrant an exception to the general
filing process will be made by USCIS. USCIS will be
publishing guidance on the circumstances that may
qualify as exceptional on their website at:

• hhttp://www.uscis.gov/portal/site/uscis

Please contact the Consular Section at (POST EMAIL or
PHONE NUMBER) for further information.

For Spouse:

Please read our warning about internet romance and marriage fraud.

Proof of U.S. Citizenship (U.S. Passport, Birth Certificate or Naturalization Certificate) and a copy

A written statement on how you met your spouse

• Your original or certified copy of your Marriage Certificate with translation
• Proof of termination of any previous marriages of the U.S. citizen or alien relative, such as an original or certified copy of the divorce decrees or death certificates and copy
• Petition Form I-130
• Biographic Information Form G-325A , one form for you and one form  for your spouse, with original signatures

• Original or certified copy of the Birth Certificate of your spouse with translation

• One recent photograph of the U.S. citizen and one of the alien relative (5cm x 5 cm on white background: Photo Requirements
• Evidence of relationship: you may be asked to submit proof of a valid relationship with the beneficiary.  It is useful to bring letters, pictures, or other evidence of your engagement with you.
• Proof of your residence in Algeria for at least the previous six months
• The filing fee for the petition is $ 355 or equivalent in Algerian Dinars.
• All documents not in English must be translated by a competent translator.  

For Parent

Proof of U.S. Citizenship (U.S. Passport, Birth Certificate or Naturalization Certificate) and a copy

Original or certified copy of parents’ Marriage Certificate with translation Petition Form I-130

• Original or certified copy of the Birth Certificate of your parent with translation
• One recent photograph of the U.S. citizen and one of the alien relative each (5cm x 5 cm on white background)   
• Evidence of relationship: you may be asked to submit proof a valid relationship with the beneficiary. It is useful to bring with you letters, pictures, or any other evidence.
• Proof of your residence in Algeria for at least the previous six months
• The filing fee for the petition is $ 355 or equivalent in Algerian Dinars.
• All documents not in English should be translated by a competent translator. 

For Minor Step/children

Proof of U.S. Citizenship (U.S. Passport, Birth Certificate or Naturalization Certificate) and a copy

• Your original or certified copy of your Marriage Certificate with translation Petition Form I-130
• Original or certified copy of the Birth Certificate of your minor child with translation
• One recent photograph of the U.S. citizen and one of the alien relative each (5cm x 5 cm on white background: Photo Requirements [LINK to photo requirements page])
• Evidence of relationship: you may be asked to submit proof a valid relationship with the beneficiary. It is useful to bring with you letters, pictures, or any other evidence.
• Proof of your residence in Algeria for at least the previous six months
• The filing fee for the petition is $ 355 or equivalent in Algerian Dinars.

All documents not in English should be translated by a competent translator.

In order to file a petition for your relative you must submit in person the following documents:

Next Step

After the approval of the petition (form I-130) by the consular officer or by USCIS, the following documents must be presented at the Consular Section:”

First, the applicant needs to fill out the Immigrant Visa application form DS-230 Parts I and II (PDF 175 KB).

Police Certificates: Each applicant age 16 or over is required to submit a police certificate from the police authorities of each locality where the applicant has resided for six months or more since the age of 16. A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of the length of residence. Police certificates from some countries are not available. The consular office will advise the applicant about the countries relevant in the applicant’s case.

Photographs: Three (3) color photographs are required. The photographs must be 2”x 2” (5cm x 5cm) on glossy paper, unretouched and unmounted, with white background. No head covering or dark glasses should be worn.

Evidence of Support: An original Form I-864, a contractual affidavit of support, must be submitted for most applicants in family-based immigrant visa categories, including biological and adopted children of U.S. citizens who are not eligible for citizenship upon admission as a legal permanent resident (LPR).  Form I-864 is not required in any case in which the visa applicant qualifies for automatic citizenship upon admission.  That would include the following categories of immigrants:

• Orphans classified IR-3, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission;
• Adopted children classified IR-2 who meet the requirements of INA 101(b)(1)(E), provided the child will be admitted to the United States while under age 18 and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission; and
• Children classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission.  

The Affidavit of Support (Form I-864)does not need to be notarized.  All required paperwork should be attached to the affidavit, including:

• Petitioner’s Federal Income Tax returns for the last three tax years (Form 1040 and W2)
• Petitioner’s current employment letter

Military Records: A certified copy of any military record is required.

Medical Examination: Arrange for a medical examination with an Embassy approved panel physician.  You are responsible for the cost of the examination. A medical examination is also required for each child who will accompany you. For applicants 15 years of age and older the fee will not exceed 2500DA, including a chest x-ray.  The fee for applicants under 15 years of age will not exceed 1800DA.

Evidence of Relationship: You may be asked to submit proof of a petitionable relationship with your petitioner. It is useful to bring with you letters, photographs, or other evidence of your relationship.

Translations: All documents not in English must be accompanied by a certified English translation.

Visa fee: The application fee for an immigrant visa is U.S. $ 404 or the local currency equivalent.  All applicants must pay this fee on the appointment date.

Preference Categories: (Other Family member)

These visas are divided into four preference categories, each corresponding to a classification of Family member.  You must file these petitions ( Form I-130) with the Department of Homeland Security, U.S. Citizenship and Immigration Service (USCIS) office closest to your residence.  The preference categories and their requirements are detailed below.

• Family First Preference (F1): Unmarried sons and daughters (age 21 or older) of U.S. citizens and their minor children, if any
• Family Second Preference (F2): Spouses, minor unmarried children, and unmarried sons and daughters (age 21 or older) of Lawful Permanent Residents
• Family Third Preference (F3): Married sons and daughters of U.S. citizens and their spouses and minor children
• Family Fourth Preference (F4): Brothers and sisters of U.S. citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age.

For more information, click here.