Green Card for Family Preference Immigrants

What is a Green Card

A green card, officially known as a Permanent Resident Card, grants non-citizens the legal right to live and work permanently in the United States. Green card holders can enjoy numerous benefits, including the ability to apply for U.S. citizenship, sponsor relatives for immigration, and gain access to government benefits and protection under U.S. law.

What is a Family-Based Green Card

A family-based green card allows U.S. citizens and lawful permanent residents to sponsor eligible family members for permanent residency. These visas are divided into two categories:

1. Immediate Relative Immigrants:

   • Spouses of U.S. citizens
   • Unmarried children under 21 years of age of U.S. citizens
   • Parents of U.S. citizens aged 21 or older

2. Family Preference Immigrants:

   • Unmarried children of U.S. citizens aged 21 and older
   • Spouses and unmarried children of lawful permanent residents
   • Married children of U.S. citizens
   • Siblings of U.S. citizens (if the petitioner is 21 or older)

The availability of visas under the family preference categories is subject to annual numerical limits, making the process time-sensitive and competitive.

What are the Requirements for the Family-Based Green Card?

Eligibility for a family-based green card under the family preference system requires the following:

1. Qualifying Relationship:

   • The petitioner must be a U.S. citizen or lawful permanent resident.
   • Proof of the family relationship (e.g., birth certificates, marriage certificates) must be submitted.

2. Financial Support:

   • The petitioner must demonstrate the financial ability to support the immigrant by filing Form I-864, Affidavit of Support.

3. Admissibility:

   • The immigrant must meet all admissibility criteria, including a clean criminal record, absence of prior immigration violations, and good health.

4. Visa Availability:

   • For family preference immigrants, the visa must be available in the preference category at the time of application.

How to Apply for a Family-Based Green Card?

The application process involves several steps:

1. File Form I-130:

   • The petitioner initiates the process by filing Form I-130, Petition for Alien Relative, to establish the qualifying relationship.

2. Visa Processing:

   • If the petition is approved, the immigrant proceeds with consular processing or adjustment of status depending on whether they are inside or outside the U.S.

3. Submit Form I-485:

   • If eligible for adjustment of status, the immigrant files Form I-485, Application to Register Permanent Residence or Adjust Status.

What Documents Need to Be Submitted with the Application?

The documents required include:

• A completed Form I-130 and I-485
• Proof of family relationship (e.g., marriage or birth certificates)
• Passport-sized photos
• Medical examination report (Form I-693)
• Evidence of financial support (Form I-864)
• Immigration history documents (if applicable)
• Police clearance certificates for consular processing

How Long Does it Take to Get a Family-Based Green Card?

Processing times vary widely based on several factors:

• Immediate Relative Category: Typically faster, as visas are not numerically capped.
• Family Preference Category: Subject to visa availability, and wait times may range from months to several years.

Regular updates on the Visa Bulletin from the Department of State are essential for tracking application progress.

How an Immigration Lawyer Simplifies Family-Based Green Card Process

Navigating the family-based green card process can be complex due to intricate eligibility requirements, extensive documentation, and shifting immigration policies. An immigration lawyer provides invaluable assistance by:

• Assessing eligibility and identifying potential obstacles.
• Ensuring accurate preparation and submission of forms and documents.
• Guiding applicants through interviews and resolving issues like Requests for Evidence (RFEs).
• Monitoring changes in immigration law to ensure compliance.
• Expediting the process by avoiding common errors and delays.