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US Green card through family members
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I. Benefits of the Green Card: Family
A. You have unlimited right to live anywhere in the U.S.
B. You do not require an employment authorization to accept employment
C. You can work for any company, and in any capacity
D. You can sponsor green cards for your relatives
E. You can become a U.S. citizen once you have been a permanent resident for more than five years (only three years if you are currently married to a U.S. citizen, and have been married to the same U.S. citizen for the past three years)
II. Unlimited Family-Based Immigration
Immigrants under this category do not have to wait for an immigrant visa number. It becomes available once the visa petition is approved by the U.S. Citizenship and Immigration Services (USCIS).
A. Immediate Relatives of U.S. Citizens
The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older are eligible under this category.
1. Spouses of U.S. Citizens
Foreign spouses of U.S. citizens qualify for a green card as an immediate relative. Because of the perception that a large number of fraudulent marriages are entered into solely for the benefit of obtaining the Green Card, Congress enacted the Immigration Marriage Fraud Amendment (IMFA) in 1986.
This amendment dictates that when a foreign spouse of a U.S. citizen is given permanent resident status before the second year anniversary of the marriage, then that green card residence is subject to a conditional grant of residency for two years.
2. Children of U.S. Citizens
You qualify for an Immediate Relative Green Card if you are:
a. An unmarried child under the age of 21 with at least one U.S. citizen parent
b. Stepchild under the age of 21 of a U.S. citizen if the marriage creating the parent/child relationship took place before the child's 18th birthday
c. An adopted child under the age of 16 of a U.S. citizen
3. Parents of U.S. Citizens
You may qualify for an Immediate Relative Green Card if you are:
a. A stepparent of a U.S. citizen, if the marriage creating the parent-child relationship took place before the U.S. citizen's 18th birthday
b. Parents of U.S. citizens, if the U.S. citizen is over the age of 21
B. Returning Residents
Immigrants who lived in the U.S, previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.
III. Limited Family-Based Immigration
Relatives under this category must wait for an immigrant visa number to become available according to the following preferences
A. Family First Preference
Unmarried sons and daughters, over the age of 21, of U.S. citizens, and their children (if any) are eligible under this category. Twenty three thousand four hundred green cards are allocated annually under the family first preference category.
B. Family Second Preference
Spouses, minor children, and unmarried sons and daughters, over age 21, of lawful permanent residents are eligible for Green Cards under family second preference category.
At least 77 per cent (114,200) of all visas available for this category will go to the spouses and children, the remainder will be allocated to unmarried sons and daughters.
C. Family Third Preference
Married sons and daughters of U.S. citizens, and their spouses and children are eligible under this category. Twenty three thousand four hundred green cards are allocated annually under the family third preference category.
D. Family Fourth Preference
Brothers and sisters of adult U.S. citizens, and their spouses and children are eligible under this category. Sixty five thousand green cards are allocated annually under the family fourth preference category.
IV. Requirements for the Green Card: Family
To be eligible to sponsor a relative to immigrate to the U.S., you must meet the following criteria:
A. You must be a citizen or a lawful permanent resident of the U.S. and be able to provide documentation proving your status.
B. You must prove that you can support your relative at 125 per cent above the mandated poverty line (affidavit of support requirement).
C. If you are a U.S. citizen you may petition for the following foreign national relatives to immigrate to the U.S. however you must be able to provide proof of the relationships:
1. Husband or wife
2. Unmarried child under the age of 21
3. Unmarried son or daughter over the age of 21
4. Adopted child under the age of 18
5. Married son or daughter of any age
6. Brother or sister, if you are over the age of 21
7. Parent, if you are over the age of 21
D. If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the U.S. however you must be able to provide proof of the relationships:
1. Husband or wife
2. Unmarried son or daughter of any age
V. Applying for the Green Card: Family
If you want to become a lawful permanent resident based on the fact that you have a relative who is a U.S. citizen or a relative who is a lawful permanent resident, you must go through a two-step process:
A. Green Card Petition
You must obtain a Form I-130, Immigrant Petition for Alien Relative, from the USCIS. The petitioning U.S. citizen or legal permanent resident must submit the Form I-130 to the USCIS office along with proof of relationship with the intending immigrant.
B. Adjustment of Status
If you are already present in the U.S., you can adjust your nonimmigrant status to permanent resident status once the green card petition is approved.
Learn More About Adjustment of Status Process
Note: If you are outside the U.S., you must apply for Consular Processing of an immigrant visa at the American Consulate nearest your permanent residence once the green card petition is approved.
Learn More About Consular Processing of Immigrant Visa
VI. Other Important Information
A. Supporting Documents
The petitioner/sponsor must provide an Affidavit of Support, USCIS Form I-864. All Applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed.
B. Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant, in addition to the visa fees.
C. Numerical Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Review the Visa Bulletin for the latest priority dates.
Source : VisaPro.com
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