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Helping Clients Globally With Immigration Law Issues For 30 Years
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Family Based Green Card

If you have a relative who is a citizen or a lawful permanent resident of the U.S, you may be eligible for a Family Based Green Card. To be eligible to sponsor a relative to immigrate to the U.S. you must

  • Be a citizen or a lawful permanent resident of the U.S. and be able to provide documentation proving your status
  • Prove that you can support your relative at 125 per cent above the mandated poverty line

As a U.S. citizen, you may petition for the following foreign national family members to immigrate to the U.S.:

  • Husband or wife
  • Unmarried minor child under the age of 21
  • Husband or wife
  • Unmarried adult son or adult daughter over the age of 21
  • Married son or daughter of any age
  • Sibling (Brother or sister), if you are at least 21 year of age
  • Parents, if you are at least 21 years of age

To be eligible for lawful permanent residence based on a family relationship you must have a relative who:

  • Is a citizen or a lawful permanent resident of the U.S.
  • Can provide documentation proving their status
  • Is willing to sponsor you for lawful permanent residence by filing Form I-130 (Petition for Alien Relative)
  • Is able to prove that they can financially support you by documenting that their income is 125% above the mandated poverty line for their family, including you and all other family members being sponsored.

In order to become a lawful permanent resident based on you having an immediate relative who is a U.S. citizen or an immediate relative who is a lawful permanent resident, you must go through the following multi-step process:

  1. United States Citizenship and Immigration Services (USCIS) must approve your Form I-130, (Petition for Alien Relative) filed by your relative (sponsor) and must be accompanied by documented proof of your relationship to the requesting relative
  2. The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.
  3. If your spouse is outside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.  If your spouse is inside the U.S. legally when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse may use the Form I-485, Application to Register Permanent Residence or Adjustment of Status, to adjust status to a lawful permanent resident.

Your spouse may join you in the U.S. while the Green Card petition is pending:

  • Once you file Form I-130, Petition for Alien Relative, your spouse is eligible to apply for a nonimmigrant K-3 visa if you are a U.S. citizen. This will allow your spouse to come to the U.S. to live and work while the visa petition is pending. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work, although this method may prove quicker.. Your spouse may wait abroad for immigrant visa processing.
  • Your spouse and/or children may be eligible for the V visa classification if more than three years have passed since Form I-130, Petition for Alien Relative, was filed. This applies if you are a legal permanent resident and you have filed Form I-130, Petition for Alien Relative, for your spouse and/or minor children on or before 12/21/00.

There is a two-step process for your parents to legally immigrate to the U.S.

  • United States Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition that you file for your parents.
  • If your parents are outside the U.S., they will be notified to complete the processing for an immigrant visa at the local U.S. consulate. If they are legally inside the U.S., they may apply for Adjustment of Status to become a lawful permanent resident using the Form I-485, (Application to Register Permanent Residence or Adjustment of Status).

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