Family-Based Immigration

Individuals can get Green Card through family members. U.S. citizens could petition for certain qualified immediate relatives like spouse, unmarried child under the age of 21 and parent (if the U.S. citizen is over the age of 21). Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories. The U.S. citizen may also file for unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older. A Green Card holder could sponsor only for their spouses and unmarried children. An individual could become a permanent resident (get a Green Card) through a special family situation [K: non-immigrant, person born to a foreign diplomat in United States, V: non-immigrant or a widow(er) of a U.S. citizen].

Immediate Relative

U.S. immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s spouse, unmarried child under the age of 21, and parent (if the U.S. citizen is over the age of 21).

Note: When an immediate relative child of a U.S. citizen reaches the 21 years of age, he or she generally will become a “first preference” (F1) category son or daughter (over 21 years of age) of a U.S. citizen, and will no longer have a visa immediately available. In certain cases, the Child Status Protection Act (CSPA) may allow immediate relative to retain the classification of “child” even if he or she has reached age 21. Generally, the age is “frozen” as of the date his or her U.S. citizen parent filed Form I-130. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available.

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

An immediate relative is eligible to apply for a green card (permanent residence) while inside the United States.  Besides filing the Form I-130, the immediate relative must apply Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident.  If immediate relative is outside United States, the immediate relative becomes a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. Immediate relative may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. If the immediate relative does not apply for an immigrant visa within one year following notification from the Department of State, the petition may be terminated.