Green Card through Relationship to a US Permanent Resident

Under current U.S. Immigration and Nationality Laws there are only a few family members that a U.S. green card holder can petition for. A U.S. green card holder can only petition for the following family members:

  • Husband or Wife.
  • Unmarried child under the age of 21.
  • Unmarried son or daughter of any age.

There are currently no options for a green card holder to petition for their parents, siblings or any other family members. All green card petitions based on a relationship to a green card holder are subject to available visa numbers. This often means that the person(s) being petitioned for must wait until a visa number is available before obtaining their green card. In order be placed in the visa waiting queue it is important to begin the green card process immediately. This is done by filing Form I-130 with U.S. Citizenship and Immigration Services. Once Form I-130 is received, a priority date is given and the wait time begins. When a visa number becomes available the qualifying family member can then being processing for their green card.

If you are a qualifying family member of a green card holder, or you are a green card holder filing for a loved one, we can help. We advise our clients to file Form I-130 as soon as possible so that they can receive a priority. It is important that Form I-130 be filed properly with adequate supporting documents as evidence of the qualifying relationship. Failure to properly complete and file Form I-130 can result in unnecessary delays and added expense. Contact us today so that we can apply our experience in filing Form I-130 to your situation.

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