How can I get a green card through a family member who is currently in the United States

 

Family immigration is an integral part of immigration to the United States. Reunification of family is a cornerstone in the immigration system to help unify families together. To truly understand your options to immigrate legally to the United States through your family members, you need to take a closer look at their status in the United States.

As a general rule, only US citizens and green card holders are able to help certain relatives to immigrate and live in the United States. Individuals living in the United States under any other Visa or condition cannot generally give permanent residence to someone else.

First, I would start by looking at my relative and whether this person is a US citizen or a green card holder. There’s generally two categories that someone can qualify under.

 

Immediate relatives of US citizens

Regardless of how you are related to a US citizen in order to qualify to be an immediate relative of a US citizen, you have to fall under one of three categories under the INA.

• Spouses of U.S. Citizens
• Child
• Parents of U.S. Citizens

Being an immediate relative of a US citizen, provide a wide range of flexibility to adjust your status or obtain an immigrant visa to come to the United States.

Fiancé Visa

Fiancé Visa is another popular way for individuals to immigrate and reunite with their future partner the United States. Only US citizens can petition for fiancé’s and enable them to the United States on a K-1 visa provided they get married within 90 days from their entry into the United States. Thereafter, their fiancé is able to adjust their status to a permanent resident of the United States.

Family Preference Categories:

1. First Preference (F1): Unmarried sons and daughters (21 and older) of U.S. citizens.
2. Second Preference (F2A): Spouses and unmarried children (under 21) of lawful permanent residents.
3. Second Preference (F2B): Unmarried sons and daughters (21 and older) of lawful permanent residents.
4. Third Preference (F3): Married sons and daughters of U.S. citizens.
5. Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older).

To obtain a green card through family immigration enter the United States multiple steps

Application Process

1. Filing the Petition:
   • The U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
   • Provide all supporting documents as indicated in the form’s instructions
2. Approval of the Petition:
   • Once USCIS approves Form I-130, the case is forwarded to the National Visa Center (NVC) for processing if the beneficiary is outside the United States.
   • If the beneficiary is in the United States, they may be eligible to adjust status through Form I-485, Application to Register Permanent Residence or Adjust Status.
3. Visa Bulletin and Priority Dates:
   • For family preference categories, the beneficiary must wait for their priority date to become current according to the Visa Bulletin. Immediate relatives do not need to wait for a priority date.
4. Consular Processing or Adjustment of Status:
   • Beneficiaries outside the U.S. will go through consular processing, which involves submitting additional documentation and attending an interview at a U.S. embassy or consulate.
   • Beneficiaries within the U.S. can apply for adjustment of status by filing Form I-485. This process includes a biometrics appointment and an interview with USCIS.
5. Medical Examination:
   • A medical examination by an authorized physician is required to ensure the beneficiary meets health-related standards.
6. Interview and Final Decision:
   • Both consular processing and adjustment of status may require an interview to verify the information provided and assess the bona fides of the relationship.
   • If approved, the beneficiary will receive their green card, granting them lawful permanent resident status.

Tips for a Successful Application

• Accuracy and Completeness: Ensure all forms and documents are complete and accurate to avoid delays or denials.
• Legal Advice: Consider consulting with an immigration attorney to navigate complex cases or address specific concerns.
• Documentation: Maintain thorough records of all communications, forms, and receipts throughout the process.
• Preparation for Interview: Be well-prepared for the interview by reviewing your application and gathering any additional documents that may be requested.

Navigating the family-based green card process can be complex, but with careful preparation and a clear understanding of the steps involved, families can successfully reunite and build their lives together in the United States.