A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). In order to qualify for an IV through family ties, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (i.e., a green-card holder).
There are two types of family-based immigrant visas:
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Keep in mind that U.S. citizens can file an immigrant visa petition for their:
- Son or daughter
- Brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
- Unmarried son or daughter
If you have a family in the United States and have the desire to move closer to them, we can help you. We at Clasen Immigration Law have experience in Immigration and can make your process of getting a Green Card as simple and stress-free as possible. If you dream to live in the USA with your family, contact us so we can help you!
Green Card through marriage:
If you are married to an American citizen or a permanent resident in the country, you may be eligible to apply for permanent residence in the United States. This means that you don’t have to leave the United States and don’t have to stand in line to get a Green Card.
You are eligible to obtain a Green Card through marriage if you are already in the United States, arrived in the country legally and with your immigration and criminal record are in accordance with US law. If you have a criminal record, you can apply for a Green Card, but the process for getting it becomes a little more complicated. It is also possible to apply for a Green Card from the American Embassy in your country and travel to the United States with your permanent residence approved.
For the process of applying for a visa through marriage, you must file petition I-130 and provide a series of proofs that your marriage is indeed legitimate. The process has several phases and needs several proofs and documents, so the best thing is that you count on the help of a professional specialized in immigration law to help you. We at Clasen Immigration Law have all the knowledge of how to proceed with the Green Card application through marriage and we can help you so that there is no unforeseen event during the process. Contact us for more information.
Other family members:
If you have family members who live in the United States or who are American citizens, American immigration allows you, in some types of relationships, to have the right to become a permanent resident in the USA as well. If you are a spouse, child under the age of 21 or the father of an American citizen, it is possible to make “status adjustment” if you are already in the USA, and to do this you must enter Form I-485. It is also possible to apply for a Green Card through the American Embassy in your country if you are not yet in the USA.
Other family members eligible to enter the Green Card process are those listed below:
F1 (First Priority) – Single children (aged 21 or over) of American citizens.
F2 (Second Priority) – Spouses and children (single and under 21) of permanent residents in the United States
F2 (B) – (Second Priority) – Single children (over 21) of permanent residents of the United States.
F3 – (Third Priority) – Married children of American citizens and;
F4 – (Fourth Priority) – Brothers of American citizens.
For both cases, you must comply with United States immigration laws. The process requires several complicated steps and that is why it is interesting that you count on the help of professionals who can help you so that nothing goes wrong during this very important step: finally joining a family member who lives in the United States. We at Clasen Immigration Law are experienced in immigration processes and can assist you in everything you need.