Green Card holders (Permanent Residents) have been authorized to live and work permanently in the US. Family based immigration is an immigrant visa classification where it allows an individual to become a permanent resident through a family member who is a citizen or permanent resident of the United States. Most people get green card through parents / spouse / siblings. The United States allows U.S. citizens and permanent residents to petition for their relatives (specific people only) to come and live permanently in the United States.
How can my family get a Green card?
Obtaining a Green Card for family is a two step process. The first step is Family Immigration Petition where they must establish a qualifying relationship between the Petitioner (US Citizen/ Permanent Resident) and the Green Card applicant. There are two categories where the applicants may get their green card. One is, if the family member is inside US then the applicant may qualify to adjust status to Permanent Resident without returning to their home country. Or if the family member is outside US , then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.
The applicants may be eligible to obtain a Green Card through family member who is a US citizen or a Permanent Resident.
US Citizen:
If the family member is a U.S. Citizen then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the U.S. citizen family member files a Form I-130, Petition for Alien Relative, for the applicant.
If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they fall under the category Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.
Permanent Resident:
If the Family Member is a Permanent Resident then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the Permanent Resident /Green Card family member files a Form I-130, Petition for Alien Relative, for the applicant.
If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called Immediate Relative.
There is also another way of Family Immigration which is through Special Categories. The applicant may get the Green Card if he/she is a battered child or spouse of a U.S. citizen, entered the United States with a K1 visa/ K3 visa, obtained V non-immigrant status, a widow(er) of a U.S. Citizen , or born to a foreign diplomat in the United States. If the applicant applies based on the Special Category, he/she must provide relevant proof of the required evidence.
Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa(Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, many more) online. We will make sure your form is 100% error free, before you submit to USCIS. Please visit my blogs immigrationissues.wordpress.com/ and www.immigrationforms.blogspot.com/.
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