Green Card Eligibility for Family Members

1. Can I sponsor my spouse for a Green Card?


Yes, you can sponsor your spouse for a Green Card. To do so, you must be a US citizen or a US green card holder. You must also be able to demonstrate that you can financially support your spouse. Additionally, you must file Form I-130 and provide evidence of the legitimacy of your marriage.

2. What is the process for obtaining a Green Card for my child?


The process for obtaining a Green Card for a child depends on the child’s situation. Generally, it involves filing a Form I-130, Petition for Alien Relative, which is filed by the U.S. citizen or lawful permanent resident parent, and supporting documents such as evidence of the parent-child relationship. Other forms may be required depending on the child’s specific circumstances. The child will need to fill out separate forms as part of the application process. In some cases, the child may also be required to attend an interview at the local U.S. embassy or consulate.

3. Does my family member still need to be a U.S. citizen in order to sponsor me for a Green Card?


Yes, a family member must be a U.S. citizen or lawful permanent resident in order to sponsor a foreign national for a Green Card.

4. How long does it take to get a Green Card through family sponsorship?


The exact amount of time can vary, but typically it takes around 10-13 months to get a Green Card through family sponsorship.

5. Can I sponsor my parent for a Green Card?


Yes, you can sponsor your parent for a green card. However, you must be 21 years of age or older in order to do so. Additionally, you must meet financial requirements and prove that you can provide for your parent if they cannot support themselves.

6. What documents are needed to apply for a Green Card through family sponsorship?


In order to apply for a Green Card through family sponsorship, you will need the following documents:

1. A completed I-130, Petition for Alien Relative form.
2. Proof of your U.S. citizen or legal permanent resident status, such as a birth or naturalization certificate or valid passport.
3. Evidence of a valid marriage, such as a marriage certificate.
4. Evidence of any previous marriages, such as divorce decrees or death certificates.
5. Financial documents that show the sponsor’s ability to support the immigrant, such as tax returns, pay stubs and bank statements.
6. Proof of valid relationships between family members, such as birth and adoption certificates.
7. Photographs and other documents that prove the relationship between family members.
8. Two passport-style photographs of the applicant.
9. A copy of the applicant’s passport, visa and I-94 form (if applicable).

7. What is the difference between an immediate relative and other family-based Green Card categories?


An immediate relative is a category of family-based green card that is subject to a less restrictive availability of visas than other family-based green card categories. Immediate relatives include spouses, parents, and unmarried children under the age of 21 of US citizens. Other family-based green card categories include unmarried adult and married sons/daughters of US citizens, brothers/sisters of US citizens, and married sons/daughters of permanent residents. These categories have more limited availability and stricter requirements than immediate relatives.

8. Are there any special rules for filing Green Card applications for family members?


Yes, there are special rules for filing Green Card applications for family members. Depending on the family relationship, there are different requirements that must be met in order to file for a Green Card. In some cases, such as for spouses or children of US citizens, the process may be simpler and faster than for others, such as siblings of US citizens. In all cases, an application must be filed with the US Citizenship and Immigration Services (USCIS). The USCIS website provides detailed information on the rules and requirements for filing Green Card applications for family members.

9. Are there any restrictions on who can be sponsored for a Green Card through family-based immigration?


Yes, there are restrictions on who can be sponsored for a Green Card through family-based immigration. Specifically, the U.S. government only allows certain family members to be sponsored, including spouses, unmarried children under 21, parents (if the petitioner is 21 or older), and siblings (if the petitioner is 21 or older).

10. Are there any additional requirements if my family member was born outside of the United States?


Yes. Depending on the country, additional requirements may be necessary when filing for immigration for a family member born outside of the United States. Generally, additional documents may need to be provided for proof of identity and eligibility, as well as additional fees. Other requirements and procedures may also vary depending on the country of origin.

11. Are there any age restrictions on who can be sponsored for a Green Card through family-based immigration?


Yes, there are age restrictions for family-based immigration. For a U.S. citizen to sponsor a Green Card for a family member, that family member must be either an unmarried son or daughter 21 years of age or older, a married son or daughter of any age, a brother or sister if the U.S. citizen is 21 years of age or older, or the U.S. citizen’s parent if the U.S. citizen is 21 years of age or older.

12. If my family member is already in the U.S., can they apply for a Green Card from within the U.S.?


Yes. Your family member can apply for a green card while they are in the U.S. by filing Form I-485, also known as an “Application to Register Permanent Residence or Adjust Status”.

13. If I am married, can I sponsor both my husband and wife for a Green Card?


Yes, you can sponsor both your husband and wife for a Green Card. However, in order to do so you must prove that you have an income that is sufficient to support both of them. You will also need to submit a Form I-864 Affidavit of Support, which is a legal agreement that you are financially responsible for your husband or wife.

14. Does sponsoring a relative for a Green Card provide any benefits for me?


Sponsoring a relative for a Green Card does not provide any direct benefits for you, however it may give your relative the opportunity to legally live, work and study in the United States which could be beneficial for you if you are close or plan to stay in contact with them.

15. What is the process for obtaining a Green Card if my family member has been living in the U.S. illegally?


The process for obtaining a Green Card if your family member has been living in the U.S. illegally will depend on the individual’s circumstances. Generally, the process requires the individual to file an I-130 Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). The petition must be approved before the individual is eligible to apply for a Green Card. Depending on the individual’s country of origin, there may be additional requirements or steps that need to be completed before applying for a Green Card. It is important to seek advice from an immigration lawyer to understand all of the available options for the individual and their specific circumstances.

16. Is there any way to expedite the Green Card application process for immediate relatives?


Yes. Immediate relatives of US citizens can file an I-130 petition and an I-485 application for adjustment of status at the same time. This is called concurrent filing and it will allow for the Green Card application process to be expedited.

17. What are the financial requirements to sponsor an immediate relative for a Green Card?


In order to sponsor an immediate relative for a Green Card, the sponsor must provide proof of financial stability by submitting IRS tax returns, bank statements, and other documents demonstrating a stable income. Additionally, the sponsor must sign an Affidavit of Support Form I-864, which legally obligates them to financially support the relative if necessary.

18. Is there any way to petition for an immediate relative already in the United States without them leaving the country first?


Yes. Depending on the individual’s immigration status, they may be eligible to apply for a green card from within the United States through a process called Adjustment of Status. This process is available to certain individuals who are already in the United States, have an approved immigrant petition (such as one filed by an immediate relative), and are eligible to adjust their status to that of a lawful permanent resident. Additional criteria, such as being admissible to the United States, must also be met.

19. Can I apply for a Green Card for both my spouse and children at the same time?


Yes, you can apply for a Green Card for both your spouse and children at the same time. In order to do this, you must file Form I-130, Petition for Alien Relative, for each of them. This form must be submitted to U.S. Citizenship and Immigration Services (USCIS).

20. What are the green card options if I am married to an undocumented immigrant?


If you are married to an undocumented immigrant, you may be eligible to apply for a green card through marriage, also known as a marriage-based adjustment of status. To do this, you must be able to prove that your marriage is legitimate and prove that your spouse is eligible to receive a green card. Depending on your situation, you may be eligible to apply for a waiver of inadmissibility that could allow you to obtain a green card despite any past immigration violations. You should speak with an experienced immigration attorney for more information about the specific eligibility requirements.