5/13/2008 5:17:22 PM


How to get a US Green Card through a family member

A lawful permanent resident is a foreign national who has been granted a green card and the privilege of living and working permanently in the United States. If you want to become a lawful permanent resident and get a US Green Card based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
 

To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:
 

  • You must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving their status and is willing to sponsor you for lawful permanent residency by filing the I-130, Petition for Alien Relative.
     
  • Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members.
     
  • If your relative is a US Citizen and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residency, please see below for preference category information.
     
    • Husband or wife;
    • child under 21 years old;
    • Unmarried son or daughter over 21;
    • Married son or daughter of any age;
    • Brother or sister if you are at least 21 years old; or
    • Parents if you are at least 21 years old.
       
  • If your relative is a lawful permanent resident and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence, please see below for preference category information:
     
    • Husband or wife; or
    • Unmarried son or daughter of any age.

 

Preference Categories

The relative who wishes to get a US Green Card and immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them and is approved. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
 

  • First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
     
  • Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
     
  • Third Preference: Married sons and daughters of U.S. citizens.
     
  • Fourth Preference: Brothers and sisters of adult U.S. citizens.
     

Once your visa petition is received, it will be approved or denied. You will be notified if the visa petition is approved. The approved visa petition will be sent to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you, the foreign national, when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.


Visa Information

The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State or click here for specific information on how to get an immigrant visa number.


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