How To Obtain A Family Based Green Card?

It is the general policy of the USCIS to design the immigration processes in such a way so that it will be easy for any category of immigrants to realize their dream. The common dream of these immigrant classes is that of living and working in the US, for which they should first get a green card. As mentioned earlier, United States Citizenship and Immigration Services has laid out so many pathways for an immigrant to become a green card holder. All that an applicant needs to do is ensure that he/she is eligible for it and then choose the most appropriate route for getting it.

Pathways to getting a green card

The most favored ways for getting a green card are as listed below

• Family based green card
• Green card through a job
• Green card through Asylee or Refugee status

Apart from these, there are other ways of getting a green card like, by being victims of human trafficking; being an US Armed Forces member, through the DV lottery program etc. The most sought after and the easiest way of becoming a legal permanent resident of the US is through the family route only.

Getting a family based green card

Before getting to know about this specific process, you need to know the general eligibility criteria required to file in a green card application – You should be eligible for any one of the immigrant categories that is drafted in the INA (Immigration and Nationality Act) and be admissible to the US. You must have your immigrant petition filed in by a suitable sponsor and got it approved. You must also be in possession of a valid immigrant visa, which is immediately available, as a result of the approved immigrant petition.

Once these are taken care of, you can then move on to the specific instructions of getting a family based green card. When you have your immediate family members as US citizens, then you are very lucky. This is because you need not wait in-line for a visa to become available, which is the case for the general category of applicants Also there is no limit prescribed by the USCIS for visas in this category. Ensure that you fall under any of the three categories of relatives to qualify as immediate relatives.

• You are a parent of a US citizen( In this case, your US Citizen child should be at least 21 years of age)
• You are the spouse of a US Citizen
• You are the child (unmarried) of a US citizen who is under the age of 21.

Any other form of relationship with the US citizen will not entitle you with the privilege of not waiting in line for an immigrant visa. However, they will be considered to issue a family based green card with some amount of waiting time for a visa.

I preference category          –  Unmarried, adult sons/daughters of US citizens (Age -21yrs or

                                                   older)

II preference category (A)   –  Unmarried children (Age- below 21 yrs) and spouses of the

                                                    Permanent residents

II preference category (B)   –  Unmarried sons/ daughters of Permanent Residents (age- 21 yrs

                                                    or older)

III Preference category        -   Married sons/daughters of US citizens, spouses with their

                                                     minor children

IV preference Category          - Siblings of US citizens, spouses with their minor children

The US citizen or permanent resident should file in USCIS Forms I-130 which is the procedure to petition an alien relative into the US. This should be filed in with the United States Citizenship and Immigration Services to establish the qualifying relationship of the Citizen or the permanent resident with the relative. Once this is approved, the USCIS will intimate the US Embassy in the country in which the relative resides. From here on, it is the applicant who has to follow up, in order to get a family based green card. He/she should then file in Form I-485 to adjust to the status of a permanent resident, based on the instructions of that particular embassy.

Voided Green Card Winners Sue State Department

A class action lawsuit has been filed against the US State Department on behalf of thousands of people who were accidentally told they would likely receive green cards in May due to a computer glitch, according to the Huffington Post.

On May 1, the State Department mistakenly posted that about 22,000 people from across the world had won the Diversity Visa lottery, which would allow about 50,000 randomly selected people from nations with low immigration rates relocate to the US. However, the agency said a computer problem accidentally selected 90 percent of winners from a pool of people who had applied for the green card within the first few days the draw was opened, leading it to void most of the winners. As a result, many people who thought they would soon be moving to the US must re-enter the drawing for July.

A lawyer representing the 22,000 jilted applicants claims the selection process during the voided lottery was still sufficiently random because it was not manipulated by any party, the news website reports.

"Such results could have happened naturally, and even if there was a computer glitch, as the Department contends … there was a level playing field," he wrote.

The source said the lawsuit asks the State Department to allow the May lottery winners, as well as the winners of a July drawing, to apply for final Diversity Visas.

Those selected for a green card through the Diversity Visa program are able to receive a fast path to permanent residence without a family member or employer as a sponsor, according to US Citizenship and Immigration Services.

Source: Voided Green Card Winners Sue State Department

How To Get Green Card For My Sister?

Many of us wish to bring our siblings to the United States and are faced with the impending question "What is the green card sister application, and how do I go about it?" Let us now try to understand the process a bit more.

American citizens who are desirous of bringing their sisters to the US are allowed to file a green card sister application to petition their sisters. Per law, brothers and sisters are brought under the "preference category" and are not considered immediate relatives of the US citizen. The wait period is generally longer when compared to petitioning an immediate relative.

To be eligible to petition for the green card sister application you must be:

a. US Citizen and

b. at least 21 years of age.

It is not mandatory that you must be a natural born American. Your citizenship could have been acquired through naturalization or in any other way. However, as the petitioner you should be 21 years of age at the time of filing the petition.

Filing the Green Card Sister Application using Form I-130.

Before you file Form I 130 ensure that you have all the legal documents to establish your relationship with your sister. For the different types of relationships that are recognized by law you will require:

a) For legitimate sisters: A birth certificate for both you and your sister to show that you share at least one parent.
b) For half-sisters: A birth certificate for both you and your sister. This is to show that you share the same father. In such cases the marriage certificates of the father to each of the mothers and proof of termination of both parents' earlier marriages should be available.
c) For stepsisters: A birth certificate for both you and your beneficiary. In additon to this the marriage certificate of your parent and stepparent occuring prior to your 18th birthday would be needed.
d) For adopted sisters: The adoption decree occuring before the adopted child turned 16 years old, and your birth certificates.

Once you have all these documents ready you are ready to file the green card sister application (Form I 130 -Petition for an Alien Relative).

Gather and put all the required documents for your petition in a packet. These would include:

1) I-130 Petition for Alien Relative.
2) Proof of your citizenship.
3) Your (petitioner's) birth certificate.
4) The beneficiary's birth certificate.
5) Evidence of relationship.
6) If there is name change of the petitioner or the beneficiary (legally) proof of the name change.
7) The relevant fee applicable to the form I 130.

Prepare two copies of the visa petition. Mail one package to the USCIS, Chicago Lockbox and wait till a visa number is made available.

The US government limits the number of approved immigrants each year and as such you will be required to wait for a long time (close to about 10 years) as brothers and sisters fall into the fourth preference category. You need to wait till the USCIS approves your petition and also have a watch on the visa bulletin to find out when your petition date becomes current.

If your petition is approved and you are given a family visas number your sister can complete the green card sister process. She must then submit an immigrant visa application to the NVC. She will be scheduled for an interview at the local US consulate. If she passes the interview she will be given a visa and will be allowed to join you in the US.

In case your sister is in the US legally, she need not file an immigrant visa but she can file for an adjustment of status using Form I 485.

Family Immigration - Understanding The Process

A lawful permanent resident has the authorization to permanently live and work in the United States. As a proof of the permanent resident status the individual is given an identification or an authorization card which is commonly called as Green Card . There are many ways in obtaining permanent residence status in the United States. One such way is through Family Immigration. Family based immigration allows an individual to become a permanent resident through a family member who is a US Citizen or a Permanent Resident of United States. The United States allows U.S. citizens and permanent residents to petition for their relatives to come and live permanently in the US.

Family Based Green Card

Obtaining a green card through family immigration is a two step process. The first step is filing the Family Immigration Petition form I-130 where the sponsor must establish a qualifying relationship with the immigrant. The second step is filing the green card application. The second step is not needed if the sponsor is a US Citizen and the immigrant is the spouse or parent or minor child who is currently in the US. Other immigrants who do not fall in this category must go through both the process .

If the sponsor is a U.S. Citizen, the applicant may be able to get a green card if he/she is the immediate relative or the family member of the US Citizen. If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they are called as Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.

If the Family Member is a Permanent Residents, the applicant may be able to get a green card if he/she is the immediate relative of the Permanent Resident. If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called an Immediate Relative.

To sponsor a family member, the sponsor must meet the following eligibility criteria.

• The sponsor must be either a US Citizen or a Permanent Resident of the US and a document must be provided as proof for such status.
• must have a qualifying relationship with the immigrant.
• must be willing to sponsor the immigrant by filing the family immigration form I-130 (Petition for Alien Relative)
• must prove that he/she will be able to support the immigrant and other sponsored family members financially at 125% above the mandatory poverty line.

If the applicant is inside US during the family immigration ins application process, he/she may qualify to adjust status to Permanent Resident without returning to their home country. Or if the applicant is outside US, then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.

Green Card Through Family

Share|

Family immigration is the process where you are sponsored by your family member for legal stay in the US. Green card gives you legal resident status in the US. With a green card, you can live and work in the US permanently. There are different ways through which you can get a green card. You can get one through employment or through the Diversity Visa lottery program. Family immigration is also possible where you can be sponsored by your US citizen or permanent resident family member for a green card.

Family based green card :

In the family based green card process, as a legal permanent resident, you can sponsor your spouse and unmarried children. But to sponsor your parents or siblings, you need to be a US citizen. You can get a green card by being the immediate relative or as a family member in a preference category. But who is an immediate relative in the family immigration context? You are a immediate relative if you are the child (unmarried and under 21 years old) of a U.S. Citizen or the spouse (husband or wife) of a U.S. Citizen or the parent of a U.S. citizen (if the U.S. citizen is 21 years or older).

Whereas you will fall into the preference category in the family immigration context if you are the unmarried son or daughter (21 years or older) of a U.S. Citizen or a married son or daughter (any age) of a U.S. Citizen or a sibling (brother or sister) of a U.S. Citizen. So being an immediate relative or in the preference category will be an advantage in the family immigration process.

While sponsoring your family member, the US citizen or lawful permanent resident needs to file an Affidavit of Support. The US citizen or lawful permanent resident (green card holder) needs to file Form I-130, Petition for Alien Relative with the concerned authority that is the USCIS. Once the petition is approved, the USCIS sends a notification to the US citizen or permanent resident who filed this petition and to the National Visa Center. There is a limit to the number of family-based immigrants in certain categories every year. So the petition will remain in the National Visa Center until an immigrant visa number is available. But here, the immediate relatives of the US citizen, namely parents, spouse and children have an advantage as they need not wait for this visa number as a number is made available as soon the visa petition is approved. The foreign relative will then be informed by the National Visa Center about the petition received and will also notify as soon as the visa number is available. So when the petition is approved, the foreign relative can apply for an immigrant visa at the US embassy or Consulate in their country which is called Consular processing. Whereas, if the foreign relative is already in the US, he/she can adjust non immigrant status to a permanent resident status as soon as the petition is approved by the USCIS. Here the foreign relative can complete the processing without even having to return to his home country.

You can also get a permanent resident card through special categories of the family immigration namely, being a battered child OR you obtained V non immigrant status OR born to a foreign diplomat in the United States to name a few.