FAMILY BASED PERMANENT RESIDENCE/ GREEN CARD
Individuals who have family relationship with a U.S. Citizen or Permanent Resident may seek permanent resident status through a petition filed by a family member or, under certain limited circumstances, through self petitioning.
Foreign national spouses of U.S. Citizens are considered first in line for immigrant visa numbers and are always able to immediately file for the Green Card based solely on the marriage relationship, regardless of their country of birth or nationality,
Parents of the U.S. Citizens and children under 21 years old also fall into the immediate relative category and are immediately eligible to apply for Permanent Resident status. This can be done by filing applications with the USCIS in the U.S. or at a U.S. Consulate abroad through the Department of State.
Other family relationships are subject to quota system and are divided into family – based preferences:
- First preference: unmarried sons and daughters of U.S. Citizens;
- Second preference: spouses and children of permanent residents
- Third preference: married children of U.S. Citizens
- Fourth Preference: brothers and sisters of U.S. Citizens.
- REMOVAL OF CONDITIONS ON RESIDENCE
Depending on how long the individual has been married to a U.S. citizen, he or she might be granted Conditional Permanent Resident status. In that case, the person needs to apply for removal of the conditions within two years of your originally applying for the marriage-based Green Card, to be granted full Permanent Resident status.