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How to Get a Green Card: Family Members
Getting Permanent Residency
Immigration laws in the United States reflect the high value Americans place on keeping families together. For that reason, there is no limit to the number of immediate family relatives of United States’ citizens who can receive immigrant visa numbers for permanent residence status and the waiting time is only the time it takes to get through the application process. Immediate family members include spouses, children (if single and under age 21) and parents (if sponsoring immigrant is 21 or older). It is also possible for some family members to get green cards if their immediate relatives are permanent residents of the U.S.
Eligibility
Family members are eligible at different times depending on their relationship to the U.S. citizen or permanent resident. The following outlines the different levels or priorty which family members are eligible in order of preference:
Categories of Preference
Family First Preference (Category 1):
- Unmarried children of U.S. citizens (21 years or older: single means divorced, widowed or never married)
Family Second Preference (Category 2):
- Spouses and unmarried children of Permanent Residents
- Spouses and unmarried children under age 21 are category 2A
Family Third Preference (Category 3)
- Married children of U.S. citizens
- Only 23,400 visas are available in this category which tends to have a long wait
Family Fourth Preference (Category 4)
- Siblings of U.S. Citizens
- The U.S. Citizen has to wait until s/he turns 21 years old before a petition can be filed on behalf of a sibling
Process of Getting a Green Card Through Family
The first step is to file the Form I-130 Petition for Alien Relative. The petition is filed by the U.S. citizen on behalf of the relative wishing to immigrate to the U.S. The sponsoring relative will need to prove his status as either U.S. Citizen or lawful permanent resident (such as birth certificate or passport). Proof of the relationship will also be required (i.e. marriage or birth certificates). Only copies should be submitted to the immigration services and original may be given to officials if needed. Lastly, the alien relative must complete Form G-325A which provides detailed biographic information.
Do You Need a Lawyer?
U.S. citizens applying for an immediate family relative should be able to follow the instructions for the petition on the USCIS website to file for an alien relative to immigrate to the U.S. The process can be more complicated for lawful permanent resident, or if the alien relative is adopted, re-married, or is a step-relative. An experienced immigration lawyer will assist in completing and submitting the petition and help gather necessary documents for making your case stronger.