A family green card is an option to obtain legal status in the United States. It is a U.S. immigrant visa that allows the applicant to reunite with their loved ones in the United States.
The Immigration and Nationality Act (INA) allows a U.S. citizen or lawful permanent resident to sponsor the immigration of their foreign relatives.
What are the requirements for family green cards?
To sponsor the arrival of a relative to the United States, applicants must have a valid address in U.S. territory. This involves possessing authentic documentation confirming their U.S. citizenship or lawful permanent resident status, as well as demonstrating financial capability to support the relative they wish to sponsor.
Additionally, evidence of the family relationship with the resident in the United States and the absence of criminal records by the applicant are required.
The number of visas issued may be limited annually, depending on the type of family green card.
Relatives can include spouses, children, parents, or siblings, but more distant relatives such as grandparents and cousins are not eligible.
What are the types of family green cards?
There are different types of family-based green cards, depending on the status of the person who is part of your family and lives in the United States:
Visas for U.S. citizens:
For individuals whose family in the United States is U.S. citizens, the following visa types apply:
IR-1 visa for the spouse of a U.S. citizen; IR-2 visa for unmarried children under 21 years of age of a U.S. citizen; IR-3 visa for children adopted abroad by a U.S. citizen; IR-4 visa for a child who will be adopted in the United States by a U.S. citizen; IR-5 visa as a green card for parents of U.S. citizens who are at least 21 years old.
These U.S. visas are called immediate relative visas and do not have an annual limit. This means that anyone who applies will be processed regardless of the number of people ahead if they qualify.
A U.S. citizen can also apply to bring their fiancé(e) from a foreign country with a K-1 visa. The K-1 visa is a non-immigrant visa granted to a foreign fiancé(e) of a U.S. citizen.
The fiancé(e) can come to the U.S. for a period of 90 days, during which the U.S. citizen must marry the fiancé(e). If marriage does not occur, the fiancé(e) must return to their home country.
Visas for lawful permanent residents:
- The F2 visa: is for spouses and unmarried children of a lawful permanent resident. The F2 category is divided into two subcategories:
- F2A for spouses and unmarried children under 21 years of age
- F2B for unmarried sons and daughters over 21 years of age
- The number of these visas is limited and they are called family preference visas.
Lawful permanent residents can also opt for a V visa, which allows the immigration of their spouse and minor children while waiting for the processing of their visas. However, specific requirements must be met before this can happen.
How to apply for a family green card?
The application for a family green card can be complex and filled with challenges.
An immigration attorney can offer personalized guidance tailored to the particular needs of each case, facilitating informed and strategic decision-making for the applicant.
It is important to remember that the types of visas mentioned above are not the only types of marriage and family visas available to U.S. citizens and permanent residents.
There are a variety of options that may be available depending on each situation.
Don’t let the immigration process be a barrier to reuniting your family!
At Duque Immigration Law offices, we will analyze your case and based on our extensive knowledge of the law, we will provide the best alternative to follow.
Contact us:
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