Family based Greencard
 

The American Congress, by conferring permanent residence eligibility upon certain family-based groups, has properly emphasized the importance of family unification in American Immigration law.

One method to obtaining lawful permanent residency is through a relative who is either a citizen of the U.S. or a lawful permanent resident, who must prove that he/she is a citizen of US or a lawful permanent resident of US and he/she could support the relative at 125% above the mandated poverty line.

There are two categories for unlimited family-based immigration:
  • Immediate Relatives of US Citizens (IR) : A spouse, widow or unmarried child under the age of 21 of a US citizen. This category also includes parents.
  • Returning Residents (SB) : Immigrants who have previously lived in the U>S. under lawful permanent resident status. These individuals should be returning to live in the U.S. after being abroad for more than one year.

Also there are four preference categories for limited family-based immigration:
  • First Preference : Unmarried children over the age of 21 of US citizens;
  • Second Preference : Spouses of lawful permanent residents, their unmarried children under the age of 21 and married children under the age of 21 of lawful permanent residents;
  • Third Preference: Married children of US Citizens;
  • Fourth Preference : Siblings of adults U.S. citizens

The relative of the prospective immigrant should file I-130 petition for his/her Alien Relative together with the proof of his/her relationship. Upon approval of the petition, the Department of State will determine if an immigrant visa number is available for him/her. When a number is available, the applicant could apply for assignment of that number.

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