Getting a Green Card through Family
What does ‘Green Card through Family Mean?’
A large quantity of United States’ citizens becomes permanent residents through their family members. The United States’ government promotes family unity and permits U.S. citizens and permanent residents to petition certain relatives to come and live permanently in the United States.
There are two distinct avenues to obtain a green card; many family members who already reside in the United States may qualify for an adjustment of status to permanent residence in the United States. This adjustment means that the applicants are able to complete the immigration process without returning to their home country.
Relatives who live outside the United States, or those individual who do not qualify for an adjustment of status may be eligible for consular processing through a U.S. embassy or consulate abroad.
Methods of Receiving a Green Card through Family
An applicant may be eligible to obtain a green card as an immediate relative or as a family member in a preference category if the U.S. citizen relative files a Form I-130, or the petition for Alien Relative.
An individual is regarded as immediate relative of a U.S. citizen if they are a child (unmarried and under 21 years of age) of a U.S. citizen, if they are a spouse (husband or wife) of a U.S. citizen, or if they are a parent of a U.S. citizen.
Family members of a U.S. citizen in a preference category include: an unmarried son or daughter (21 years or older) of a U.S. citizen, a married son or daughter (any age) of a U.S. citizen, and a sibling (brother or sister) of a U.S. citizen.
The requirement for the receipt of a Green Card through Family is fairly uniform with regard to the classification of an approved immediate family member, circumstances surrounding contingencies and extraordinary conditions can exist:
a. A birth that took place outside of the borders of the United States - with regard to parents who are legal citizens of the United States –retains the possibility of awarding United States citizenship through naturalization to the children birthed; however, this will typically require that the child resides within the United States on a permanent basis
b. Prior to the receipt of a Green Card through Family, individuals will first be required to apply for the appropriate Visa; this will allow them to remain within the United States pending the Green Card application process
Applicable Forms for Receiving a Green Card through Family
Form I-485: The adjustment of status application form changes the temporary legal status of a non-citizen to legal and permanent residential status
Form I-130: Relatives of the non-citizen spouse – or any relatives who are not citizens of the United States and married children or children exceeding the age of 21 of the non-citizen/U.S. citizen marriage must complete an I-130 petition in order to be considered to for legal, permanent resident status as a result of this type of marriage. In most cases, a K-3 or K-4 Visa can be acquired in order to permit legal residence during the processing of this form, which is granted on a temporary basis
Form G-325A: This form must be completed by all individuals petitioning for the receipt of a Green Card through Family
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