Family-Based Green Card USA | Immigration Attorney
U.S. citizens and in certain cases U.S. lawful permanent residents can sponsor family-based green card USA (immigrant visa) for foreign relatives. The degree of family relationship to the foreign relatives determine the availability of the family-based green card and the processing times.
U.S. citizens can help a foreign relative become a permanent resident of the U.S. or in other words a green card holder. For immediate relatives of U.S. citizens, family-based green cards issued in each fiscal year are unlimited and are immediately available. For the purposes of US immigration law, the following relatives are considered immediate relatives of U.S. citizens with family-based green cards available immediately:
- Husband or wife of a U.S. citizen
- Children of a U.S. citizen, unmarried and under 21 years old.
- Parents of a U.S. citizen who is at least 21 years old at the time of application
- Orphan child adopted abroad by a U.S. Citizen following certain adoption process
- Orphan child to be adopted by a U.S. citizen in the United States
- Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow or widower files a petition within 2-years of the citizen’s death and is not remarried
Additionally, U.S. citizens can apply for a family-based green card for more distant foreign relatives. In such cases, immigrant visas for green cards are not immediately available and the number issued each fiscal year is limited. The following foreign relatives can be sponsored by a U.S. citizen for a family-based green card under a family preference category:
- Children of a U.S. citizen over the age of 21 and unmarried
- Children of a U.S. citizen married and over 21 years old.
- Brothers and sisters of a U.S. citizen who is at least 21 years old at the time of application
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U.S. lawful permanent residents (U.S. green card holders) can also sponsor a family-based green card for family relatives, but only for certain foreign relatives and depending on the family relationship, some foreign relatives may have to wait for an immigrant visa to become available. For the purposes of immigration law, U.S. lawful permanent residents can help the following foreign relatives become a green card holder:
- Husband or wife of a U.S. lawful permanent resident (green card holder)
- Children of a U.S. lawful permanent resident, unmarried and under 21 years old.
- Children of a U.S lawful permanent resident, over the age of 21 and unmarried.
To start the process for applying for a family-based green card USA for a foreign family member, U.S. citizens and green card holders must file a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS), be able to prove that they can financially support the foreign family member when coming the United States and sign an Affidavit of Support. Finally, the family-based green card can be applied for via adjustment of status, if the foreign family member is in the United States or via consular processing at a U.S. Embassy or Consulate abroad, if the foreign relative is not in the United States on a different visa status.
Contact our experienced business and immigration attorneys in Miami, Florida USA to assist you with your family-based green card USA application.