Family Based Green Cards
SHOULD I APPLY?
U.S. immigration law allows certain aliens who are family members of U.S. citizens (USC) and lawful permanent residents (LPR) to become lawful permanent residents (get a Green Card) based on specific family relationships. Your qualifying USC or LPR relative must file a petition on your behalf to sponsor your Green Card. Be mindful that there are bars to adjustment of status and grounds of inadmissibility that may make certain applicants ineligible to for a Green Card. If you believe that you have any of these issues, it is best to consult with an immigration attorney to inform you of your options. Eligible family members are:
Immediate Relative of a United States Citizen
If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident based on your family relationship if you meet certain eligibility requirements.
You are an immediate relative if you are:
- The spouse of a U.S. citizen;
- The unmarried child under 21 years of age of a U.S. citizen; or
- The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
Relative of a Lawful Permanent Resident and Other Qualifying Relatives of United States Citizens
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
- First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
- Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
- Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
- Third preference (F3) – married sons and daughters of U.S. citizens; and
- Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Those immediate relatives who are within the U.S. when filing and have been inspected an admitted or inspected and paroled will immediately be eligible for a visa upon approval of a properly submitted Petition for an Alien Relative and Adjustment of Status application. immediate family members or any of the preference immigrants who are filing outside of the United States, in addition to your initial Petition for an Alien Relative, you will have to wait until a visa in your category becomes current under the Visa Bulletin and undergo Consular Processing and approval before you can apply for Adjustment of Status and receive your Green Card.
Not sure if you are eligible to apply for a certain immigration benefit? Here you can find general information on who can apply, how to apply and what you can expect to happen in the application process. If you still have questions of whether you would be a good applicant and would like to schedule a low cost consultation or have an attorney review your self-prepared application before you file it, click on the link below and schedule your consultation today.