Green Card Options for Certain Family Members of U.S. Citizens

1. What is a green card?


A green card is an identification card that is issued to a foreign national who has been granted permission to live and work permanently in the United States. The card establishes the holder’s immigration status in the U.S. and is also known as a Permanent Resident Card.

2. Who is eligible to apply for a green card for a family member of a U.S. citizen?


Immediate relatives of U.S. citizens are eligible to apply for a green card, including spouses, unmarried children under the age of 21, and parents of U.S. citizens who are at least 21 years old. Other family members of U.S. citizens, such as siblings, may also be eligible to apply in certain circumstances.

3. How long does it take to process a green card application?


The time it takes to process a green card application varies depending on the individual case and the current backlog of applications. Generally, processing time for permanent residence applications can range from 6 months to several years.

4. Does the green card application process require an interview?


Yes, the green card application process does require an interview. The applicant must attend an in-person interview with a U.S. Citizenship and Immigration Services (USCIS) officer at a designated USCIS office.

5. What is the difference between an immigrant visa and a green card?


An immigrant visa is a document issued by a U.S. consulate abroad that allows the bearer to travel to the U.S. and apply for admission as a permanent resident. A green card, also known as a Permanent Resident Card, is issued by the US Citizenship and Immigration Services (USCIS) after an immigrant visa has been issued, allowing the bearer to live and work in the United States permanently.

6. How can I determine if I qualify for a family-based green card?


The best way to determine if you qualify for a family-based green card is to speak with an immigration attorney. An immigration attorney can review your individual circumstances and advise you on the best course of action. Additionally, the US Citizenship and Immigration Services (USCIS) website has detailed information on the qualifications, application process, and necessary documents for a family-based green card.

7. What documents are required to apply for a family-based green card?


In order to apply for a family-based green card, you will need to submit the following documents:

1. Form I-130, Petition for Alien Relative
2. Birth and marriage certificates
3. Proof of legal status in the U.S. (if applicable)
4. Evidence of financial support (Form I-864)
5. Medical examination results (Form I-693)
6. Proof of relationship between the relative and petitioner
7. Copies of passports for both the relative and petitioner
8. Form I-485, Application to Register Permanent Residence or Adjust Status
9. Form G-325A, Biographic Information (for both the relative and petitioner)

8. How does one establish a family relationship for purposes of obtaining a family-based green card?


In order to establish a family relationship for purposes of obtaining a family-based green card, the applicant must prove they are related to a U.S. citizen or lawful permanent resident through birth, marriage, or adoption records. This can be done by providing copies of birth certificates, marriage certificates, adoption records, or other legal documentation showing a biological, adoptive, or step relationship. In addition, the sponsoring relative must provide evidence of their U.S. citizenship or lawful permanent resident status.

9. Can I sponsor multiple family members for immigration to the U.S.?


Yes, you can sponsor multiple family members for immigration to the U.S. However, the process and requirements for sponsoring multiple family members can be complicated, and you may need to provide additional information and documentation. It is important to understand the relevant immigration laws and regulations before attempting to sponsor multiple family members.

10. Does my relative require a medical examination as part of the application process?


No, medical examinations are not required as part of the application process for relatives. However, if the applicant is approved for a family-based visa, they may be required to complete a medical examination at a later stage in the process.

11. How much does it cost to apply for a family-based green card?


In the United States, the filing fees for a family-based green card can range from $535 to $2,750. Depending on the individual case, there may be additional fees such as biometrics fees.

12. Can family members of U.S. citizens living outside the U.S. apply for a green card?


Yes, family members of U.S. citizens living outside the U.S. can apply for a green card. The U.S. citizen must begin the process by filing Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).

13. How can I find out more about my immediate relatives’ eligibility for a family-based green card?


You should first speak to a qualified immigration attorney regarding your immediate relatives’ eligibility for a family-based green card. The U.S. Citizenship and Immigration Services (USCIS) website contains helpful information on the eligibility requirements for family-based green cards. Additionally, the website also provides forms, instructions, and additional resources. You can also contact USCIS directly at 1-800-375-5283 for information and guidance.

14. Can I apply for an immigrant visa or green card if I have committed certain criminal offenses in the past?


It depends on the type of criminal convictions and how much time has passed since the offense. Convictions for certain crimes, including certain felonies, can make someone inadmissible to the U.S. and ineligible for a green card. Depending on the crime and circumstances, a criminal conviction may also result in removal or deportation from the U.S. USCIS therefore recommends that applicants consult with an immigration attorney to determine if they may be eligible for an immigrant visa or green card.

15. How long is a green card valid for once it is approved?


A Green Card is valid for 10 years and must be renewed before it expires.

16. What are the risks of filing an incomplete or inaccurate application for a green card?


If an application for a green card is incomplete or inaccurate, it can lead to delays or even denial of the application. Additionally, providing false information on the application can lead to criminal charges. Even if an application is accepted, the inaccurate information could come to light later and cause major legal issues. If an application is rejected, the applicant could also have difficulty re-applying in the future.

17. What are the benefits of obtaining permanent residence status through a family-based green card visa?


Obtaining permanent residence status through a family-based green card visa offers many benefits, such as:

1. Permanent residence status in the United States, including the ability to work, live, and study in the U.S. without restriction.

2. The ability to apply for U.S. citizenship after five years of being a lawful permanent resident.

3. Eligibility for certain government benefits, including Social Security, Medicare, and Medicaid.

4. The right to bring certain family members to the U.S., including spouses and children under the age of 21.

5. The ability to travel freely outside of the U.S., with the right to return, subject to certain restrictions.

6. The ability to apply for a driver’s license in most states and access other state-issued identification documents.

18. Can I work in the United States with a family-based green card?


Yes, you can work in the United States with a family-based green card. You will need to obtain an Employment Authorization Document (EAD) in order to be legally authorized to work in the United States.

19. How can I renew my family-based green card and maintain my permanent residence status?


To renew your family-based green card and maintain your permanent residence status, you must file Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). The form can be found on the USCIS website. You must include a copy of your current green card, any supporting documents such as a new passport if you have recently changed your name, and the filing fee. Once your application is approved, you will receive a new green card with an updated expiration date.

20. Is there an appeals process if my application for a family-based green card is denied?


Yes. If your application for a family-based green card is denied, you may be able to appeal the decision. The appeals process varies depending on the circumstances and type of application that was denied. You should speak with an immigration attorney to discuss your options.