Family Based Green Card Options
U.S. Citizens and Lawful Permanent Residents can file Immigrant Petitions for certain family members, which will allow the family member to come to the United States and ultimately receive their Green Card.
U.S. Citizen Family Members
A U.S. Citizen can file a petition for the following family members:
- Parent: Once the U.S. Child turns 21 years-old
- Minor Children
- Unmarried Adult Children (a child over the age of 21 years-old)
- Married Adult Children
- Brothers and Sisters
Lawful Permanent Resident's Family Members
A Lawful Permanent Resident can file a petition for the following family members:
- Minor Children
- Unmarried Adult Children (A child over the age of 21 years-old)
Different Paths for Family Members
When deciding to petition a family member where he or she can obtain a Green Card, there are two main paths: (1) Adjustment of Status; and (2) Consular Processing. Determining the correct path for your case is based on the specific facts of your case. It is important to speak to an attorney to discuss your family's best options in order to prevent any future immigration consequences.
Fiance Visa (K-1/K-2)
If you are a U.S. Citizen who is not married, but engaged to an individual who lives in another country. You can petition for that person and their children as their fiance. This a multi-step process that will ultimately lead to the foreign national obtaining their Green Card.
Widow of a U.S. Citizen
If you were married to a U.S. Citizen who passed away less than two years ago, you may be eligible to file a Immigrant Petition based on your marriage to your deceased spouse.
Removal of Conditions
When a foreign national receives a Green Card based on a marriage that was entered into less then two years before receiving the Green Card, the foreign national will receive a Conditional Green Card. The Green Card will only be valid for two (2) years. The foreign national will need to apply to have those conditions removed on his or her Green Card prior to its expiration date. The application requires proof that the marriage is a bona fide marriage, and was not entered into for solely immigration purposes.