‎Family Based Green Card

Applicants who believe they are eligible for immigrant status based on their relationship with a US citizen or legal resident must ask their US parent/legal resident to file an immigration petition with the USCIS (US Citizenship and Immigration Services) closest to their own residency in the United States. Any applicant for an immigrant visa must be the beneficiary of an approved petition. Certain applicants, such as priority workers, investors, some special immigrants, and diversity lottery immigrants, can file a petition on their own behalf. All other kinship immigrant applicants must have a relative who is a US citizen or legal resident who files a petition on their behalf.

What is a family-based green card? A family-sponsored Green Card is an American immigrant visa that allows the applicant to join close relatives in the US. Close relatives can be your spouse, children, parents or siblings, but more distant relatives such as grandparents and cousins are not eligible.

A lawful permanent resident is a person who was born in another country and has been granted the privilege of living and working permanently in the United States. Many know that a permanent visa is a Greencard. To become a lawful permanent resident based on the fact that you have a relative who is a US citizen or lawful permanent resident, you must go through a process that requires several steps.First, an immigrant visa petition for Alien Relative, must be filed and approved by the USCIS. This petition is completed by your relative (sponsor) and must be accompanied by proof of your relationship with the sponsoring relative.

Second, to proceed with the process, the State Department must have an immigrant visa number immediately available to you. This is required even if the alleged immigrant is already in the United States.

There are basically unlimited visas for IMMEDIATE RELATIVES (spouses of US citizens, minor children of US citizens, and parents of a US citizen over 21 years of age). When your immigrant visa number becomes immediately available, you must apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number on the State Department's Visa bulletin.

Third, if you are already in the United States, you can apply for a change of status to lawful permanent resident after your visa number becomes available (or immediately if you are an IMMEDIATE RELATIVE). If you are outside the United States when an immigrant visa number becomes available, you must then go to the US Consulate serving the area in which you reside to complete your processing.

Eligibility

To be eligible to sponsor a relative to immigrate to the United States, you must meet the following criteria:

1. You must be a citizen or permanent resident of the United States and be able to provide documentation proving your status.

If you are a US citizen, you must apply for the following foreign relatives to immigrate to the United States; however, you must provide proof of family ties:

1. Husband or wife;

2. Single child under 21 years of age;

3. Unmarried son or daughter over the age of 21;

4. Unmarried son or daughter of any age;

5. Brother or brother, if you are at least 21 years of age;

6. Parents, if you are at least 21 years of age.

If you are a lawful permanent resident, you can apply for the following foreign relatives to immigrate to the United States, however, you must show proof of family ties:

1. husband or wife

2. Unmarried son or daughter of any age

3. You must prove that you can keep your relative at 125% above the proposed poverty scale. This is done by filling out a form called Affidavit of Support.

To be eligible for legal permanent residency based on a family relationship, you must meet the following criteria:

1. You must have a relative who is a US citizen or lawful permanent resident of the United States who can provide documentation proving your status and is willing to sponsor you for lawful permanent residency by completing Form I-130, Petition for Foreign Relative.

2. Your relative must demonstrate that they can support you by showing documents that your income is 125% above the proposed poverty level for your family, including you and all other sponsored family members. Click here for more information on how to meet this criteria and complete the Affidavit of Support.

3. If your relative is a US citizen and can demonstrate that you share one of the following degrees of kinship, you may be eligible for legal permanent residency, please see below for preference category information.

1. husband or wife

2. Child under 21 years of age

3. Unmarried son or daughter of any age

4. Brother or sister if you are at least 21 years old

5. Parents if you are at least 21 years old

If your relative is a lawful permanent resident and can legally prove that they share one of the following degrees of kinship with you, you may be eligible for lawful permanent residency, please see below for preference category information.

1. husband or wife

2. Unmarried son or daughter of any age

Preference Categories

Unless your relative is an IMMEDIATE RELATIVE, the relative must obtain a visa number that is based on the preference category he or she falls into.

21-year-olds do not need to wait for an immigrant visa number to become available once the petition submitted for them is approved by the USCIS. An immigrant visa number will be immediately available to immediate relatives of US citizens. Relatives from other categories should wait for a visa number to become available according to the following preferences:

First Preference: Adults 21 years of age, single, and children of US citizens.

Second Preference: Spouses and children under the age of 21 of legal permanent residents, and the unmarried sons and daughters of legal permanent residents.

Third preference: Married children of US citizens.

Fourth Preference: Brothers and Sisters of Adult US Citizens.

Once the USCIS receives your visa petition for Alien Relative will either be approved or denied. The person who submitted the visa application will be notified if the application is approved. This Green Card is for people who wish to become immigrants and classified into categories based on a preference system. Immediate relatives of US citizens, which include parents, spouses, and unmarried children.

Common questions:

1 - How to get a Green Card for family?

Among them: being a husband or wife; single child under the age of 21; single child over 21 years of age; married child of any age; brother or sister, if the sponsor is at least 21 years old; mother or father if the sponsor is at least 21 years old.

2 - Who has a Green Card can they ask their parents?

The answer is yes, but here is how it works: Every person born in the United States automatically holds US citizenship. ... Upon reaching the age of 21, which is considered the age of majority in the United States, a US citizen who is the child of an immigrant can file an official application for a Green Card for his or her parents.

3 - Who can give a Green Card?

Only those people who meet the requirements demanded by the US government are eligible for a permanent residency visa: Have a family member (preferably first degree) who is already a US citizen and can sponsor your Green Card.

4 - Who has a Green Card, can be a sponsor?

Green Card for those who have a relative who already has permanent residence. ... For example, if you are Brazilian and have a Green Card, it is possible for you to request the document for your spouse (husband or wife). In this case, you will be the sponsor (in English, “sponsor”) of your spouse.

5 - How to apply for a Green Card per sibling?

As a US citizen, you may apply for all of your non-US-born siblings to live as permanent residents of the United States. The process of petitioning your siblings begins with a petition using Form I-130 for siblings, evidence and payment of government fees.

6 - How long does it take Green Card for brother?

Anyone who is related to a North American or legal residents of the country can earn a Green Card after a period. This relative must place the order and the time to complete can take up to eight years.

7- How long does it take to get a Green Card?

In some cases, relatives of legal residents or US citizens can get a green card after a few years. The relative in the United States must make the request. It takes 2 to 8 years, with relatives of US citizens taking less time and legal immigrants 11 years or more.