Permanent Residence Based on Family Members
Family members of certain U.S. citizens and lawful permanent residents ("LPRs") are eligible for their own lawful permanent resident ("green card") status. These family members fall into three general categories: Immediate Relatives, Preference Relatives, and Accompanying Relatives.
Immediate Relatives. Immediate relatives of U.S. citizens may immigrate to the U.S. in unlimited numbers. They are not controlled by any annual limit or quota. These people qualify as Immediate Relatives:
Spouses of U.S. citizens. This includes widows and widowers of U.S. citizens if they were married to the citizen for at least two years and are applying for a green card within two years of the citizen's death.
Unmarried people under the age of 21 who have at least one U.S. citizen parent.
Parents of U.S. citizens, if the U.S. citizen child is age 21 or older.
Stepparents and stepchildren qualify as immediate relatives if the marriage creating the parent/child relationship took place before the child's 18th birthday. Parents and children related through adoption may, in some cases, qualify as immediate relatives.
Preference Relatives. Certain other family members of U.S. citizens and green card holders are also eligible for permanent residence status. However, only a limited number of green cards are available to these Preference Relative applicants, based on their place in the preference categories outlined below:
Family First Preference. Unmarried people, any age, who have at least one U.S. citizen parent.
Family Second Preference. 2A. Spouses of green card holders and unmarried children under age 21. 2B. Unmarried sons and daughters (who are over age 21) of green card holders.
Family Third Preference. Married people, of any age, who have at least one U.S. citizen parent.
Family Fourth Preference. Sisters and brothers of U.S. citizens where the citizen is over 21 years old.
Family members in the Preference Relatives categories may have to wait several years for their green cards. These waiting times can be tracked using the monthly Visa Bulletin published by the U.S. State Department.
Accompanying Relatives. If you are getting a green card as a Preference Relative and you are married or have unmarried children below the age of 21, your spouse and children can get green cards as accompanying relatives.
In most cases, the first step in a family member's acquiring a green card is submission to the U.S. Citizenship and Immigration Services ("USCIS") of a Petition for Alien Relative (I-130). After USCIS approves the Petition, and when a green card is available, the immigrant applies for permanent residence. If the immigrant applies for permanent residence in the United States, it is called “adjustment of status” processing, and is handled through the local USCIS District Office. "Consular processing," by contrast, is where the immigrant applies through a U.S. consulate abroad. Note: where an Immediate Relative is already present in the United States, he/she can apply for adjustment of status at the same time his/her relative submits the Petition for Alien Relative.
Adjustment of status is only available to certain applicants already present in the United States. Consult with an immigration attorney regarding the eligibility requirements.
Upon approval of the application for permanent residence, the relative will be granted permanent residence and issued a “green card.”
About Our Immigration Lawyer
Jennifer Varughese, the lead immigration law attorney at Livesay & Myers, is experienced in handling family-based green card cases. Contact us to schedule your consultation with Ms. Varughese today.
