Family-based green cards allow individuals to immigrate to the United States based on their relationship to a family member who is already a U.S. citizen or lawful permanent resident. This process allows families to be reunited in the United States and start a new life together.
Here are some key points about this process:
Who is eligible for a family-based green card?
- Immediate relatives of U.S. citizens, including spouses, children (under 21 years of age), and parents, are eligible for an unlimited number of green cards.
- Other family members, including siblings and adult children, may also be eligible for a green card, but there are annual limits on the number that can be issued.
The U.S. citizen or lawful permanent resident family member must sponsor the immigrant by submitting a petition on their behalf.
It’s worth noting that there are different categories of family-based green cards, each with its own set of eligibility requirements. For example, the spouse of a U.S. citizen is eligible for a green card, regardless of their country of origin. However, the spouse of a lawful permanent resident may only be eligible for a green card if they are from a country with a low rate of immigration to the United States.
How long does the green Ccard process take?
The processing time for a family-based green card depends on the immigrant’s category and their country of origin. Immediate relatives of U.S. citizens usually have shorter wait times than other family members. It’s important to note that the process can take several years, so it’s important to plan ahead.
The processing time for a family-based green card can vary significantly depending on the immigrant’s category and country of origin:
- Spouses, children (under 21 years of age), and parents of U.S. citizens are eligible for an unlimited number of green cards usually have shorter wait times than other categories; the process can take several months to a few years, depending on the individual circumstances.
- Siblings and adult children of U.S. citizens, as well as spouses and children of lawful permanent residents, may be eligible for a green card, but there are annual limits on the number that can be issued. These family members generally have longer wait times than immediate relatives of U.S. citizens.
It’s also worth noting that the processing time for a family-based green card can be affected by various factors, such as the backlog of cases at the U.S. Citizenship and Immigration Services (USCIS) and the availability of visas in the immigrant’s category.
Are there any limitations on family-based green cards?
There are a few limitations to be aware of when applying for a family-based green card:
- The sponsoring family member must have sufficient income or assets to support the immigrant and any dependents.
- The immigrant must also meet certain eligibility requirements, including passing a medical exam and criminal background check.
In some cases, the immigrant may be required to obtain a waiver if they have certain medical conditions or have committed certain crimes. For example, an immigrant who has a communicable disease may be required to obtain a waiver before they can get a green card. Similarly, an immigrant who has committed certain crimes, such as fraud or drug trafficking, may be required to obtain a waiver before they can get a green card.
What are the steps for applying for a family-based green card?
The process for applying for a family-based green card from outside the U.S. involves several steps:
- The U.S. citizen or lawful permanent resident family member submits a petition on behalf of the immigrant.
- If the petition is approved, the immigrant applies for a visa at a U.S. embassy or consulate in their home country.
- Once the visa is granted, the immigrant can enter the United States.
- After arriving in the U.S., the immigrant will receive the green card in a mail
If the immigrant is applying from within the U.S., the following steps need to be followed:
- The U.S. citizen or lawful permanent resident family member submits a petition on behalf of the immigrant.
- If the petition is approved, the immigrant applies for adjustment of status with USCIS.
- If the adjustment of status petition is approved, the immigrant becomes a lawful permanent resident and receives a green card.
Contact Bardazzi Law for a free assessment of your green card case
Overall, the family-based green card process allows individuals to reunite with their family members in the United States. While it can be a long and complex process, it’s an important way for families to be together in the U.S. and start a new life. If you are considering applying for a family-based green card, it’s important to understand the process and plan ahead to ensure the best chance of success. Contact Bardazzi Law for a free consultation.