FAMILY-BASED IMMIGRATION

U.S. immigration law allows certain foreign nationals who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a green card) based on specific family relationships.

In order to apply for Green Card to your relatives, you must be either a U.S. citizen or a lawful permanent resident. There are two types of family-based immigrant petitions: immediate relative petitions and family preference petitions.

To apply for green card to your immediate relatives, you must be a U.S. citizen. Your spouse, parent(s), and unmarried child under 21 years of age are defined as “immediate relatives, ” and they get immigration priority. Immediate relatives of the U.S. citizen can get green cards in a relatively short period of time as they don’t have to wait for a visa number to become available.

As a U.S. citizen, you can apply for green cards to your unmarried son or daughter who are 21 years old or older, married children of any age, and siblings (brothers and sisters). Similarly, as a green card holder, you can apply for green cards to your spouse and unmarried children of any age. They fall under the family-based preference category, which means they won’t be able to get green card immediately after the approval of their petition. Those relatives have to wait for a visa number to become available as per the Visa Bulletin.