How do I get a Green card Through Family?

                                         

Having a Green Card (officially known as a Permanent Resident Card) allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation. Here you can find information on eligibility requirements, how to apply, and whether your family members can also apply with you for a green card through family.

You may be eligible to apply as a…	If you are the…
Immediate relative of a U.S. citizen	Spouse of a U.S. citizen Unmarried child under the age of 21 of a U.S. citizen Parent of a U.S. citizen who is at least 21 years old
Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories	Family member of a U.S. citizen, meaning you are the: Unmarried son or daughter of a U.S. citizen and you are 21 years old or older Married son or daughter of a U.S. citizen Brother or sister of a U.S. citizen who is at least 21 years old Family member of a lawful permanent resident, meaning you are the: Spouse of a lawful permanent resident Unmarried child under the age of 21 of a lawful permanent resident Unmarried son or daughter of a lawful permanent resident 21 years old or older
Fiancé(e) of a U.S. citizen or the fiancé(e)’s child	Person admitted to the U.S. as a fiancé(e) of a U.S. citizen (K-1 nonimmigrant) Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen (K-2 nonimmigrant)
Widow(er) of a U.S. citizen	Widow or widower of a U.S. citizen and you were married to your U.S. citizenited StatesUn spouse at the time your spouse died
Abused spouse, child, or parent (VAWA self-petitioner – victim of battery or extreme cruelty)	Abused spouse of a U.S. citizen or lawful permanent resident Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident Abused parent of a U.S. citizen

Green Card for Immediate Relatives of U.S. Citizen 

• If you are in the United States you can apply for adjustment of status.You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF) before you apply.
• If you are currently outside the United States  you may apply at a U.S. consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.(see consular processing section below)

Family-Based Preference Categories

Family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:

• First preference (F1) - unmarried sons and daughters, 21 years of age and older, of U.S. citizens;
• Second preference (F2A) - spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) - unmarried sons and daughters, 21 years of age and older, of lawful permanent residents;
• Third preference (F3) - married sons and daughters of U.S. citizens; and
• Fourth preference (F4) - brothers and sisters of U.S. citizens, 21 years of age and older.

If you are in the United States you can apply for adjustment of status.You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF) before you apply.
If you are currently outside the United States  you may apply at a U.S. consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident based on a family preference category. This pathway is referred to as consular processing.(see consular processing section below)

Fiancé(e) of a U.S. citizen or the fiancé(e)’s child

• Eligibility Criteria

You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:

Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)

Have been admitted to the United States as a K Nonimmigrant

Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder

Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder

Have an immigrant visa immediately available

Are admissible to the United States

• Application Process

If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4)  you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.

To obtain a green card, you need to file Form I-485.

Widow(er) of a U.S. citizen 

• Eligibility Criteria

You may be eligible to receive a green card through widow/widower status if you:

Were married to a U.S. citizen at the time he or she passed away

Either have a pending or approved Form I-130 or you have filed a Form

I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).

Are not remarried

Were not divorced or legally separated from your spouse at the time he or she died

Are able to prove that you were in a bona fide marital relationship until the  time of your spouse’s death

Are admissible to the United States

• Application Process

To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.

• If You Live in the United States

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved.  If you already filed Form I-485 based on the petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

• If You Live Outside of the United States

Your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. For more information, see the “Consular Processing” section below.

Abused spouse, child, or parent

(VAWA self-petitioner – victim of battery or extreme cruelty)

• Those Eligible to File

Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.

Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

• Eligibility Requirements for a Spouse

Qualifying spousal relationship:

You are married to a U.S. citizen or permanent resident abuser or

your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 

years prior to filing your petition, or

your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or

you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:

You have been abused by your U.S. citizen or permanent resident spouse, or

your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.

You entered into the marriage in good faith, not solely for immigration benefits.

You have resided with your spouse.

You are a person of good moral character.

• Eligibility Requirements for a Child

Qualifying parent/child relationship:

You are the child of a U.S. citizen or permanent resident abuser, or

you are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.

You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.

You have resided with your abusive parent.

You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.

• Eligibility Requirements for a Parent

Qualifying parent/son or daughter relationship:

You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or

you are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or

you are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.

You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.

You have resided with the abusive son or daughter.

You are a person of good moral character.

• Application Process

You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.

You must file the form with the Vermont Service Center (VSC).

If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:

the abuser is an employee of the U.S. government,

the abuser is a member of the uniformed services, or

you were subjected to battery or extreme cruelty in the United States.

If you are a self-petitioning spouse or child and you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.

If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant  is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States

If you have an approved Form I-360, you may be eligible to file for a green card. If you are a self-petitioning spouse or child, your children listed on your approved Form I-360 may also be eligible to apply for a green card. For information about filing for a green card, see the Immigration Options for Victims of Crimes Brochure (PDF)

Consular Processing

The steps for consular processing are:

1. Determine Your Basis to Immigrate

The first step in consular processing is to determine if you are eligible to apply for a Green Card (lawful permanent residence). Most immigrants become eligible through a petition filed on your behalf by a family member or employer. Others become permanent residents by first obtaining refugee or asylum status, or through a number of other special provisions.

2. File the Immigrant Petition

When you know what category you believe best fits your situation, you usually will need someone else to file an immigrant petition for you.

• Family-based immigrant petition: If you want to apply for a Green Card based on your family relationship, a U.S. citizen or lawful permanent resident relative must file a Form I-130, Petition for Alien Relative for you. 

Although you usually file immigrant petitions with USCIS, sometimes you can file a Form I-130 petition for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:

• If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months
• Members of the military
• Emergency situations
• Situations involving the health or safety of the petitioner
• When in the national interests of the United States

Please check with the consulate before submitting a petition.

3. Wait for a Decision on Your Petition

USCIS notifies the petitioner of a decision. If USCIS denies the petition, the notice will include the reasons for denying the petition and whether you may appeal the decision. If the petition is approved and you live outside the United States (or live in the United States but want to apply for your immigrant visa abroad), USCIS will then send the approved petition to the Department of State’s National Visa Center. The petition will remain there until an immigrant visa number is available for you.

4. Wait for Notification from the National Visa Cente

The National Visa Center (NVC) is responsible for collecting visa application fees and supporting documentation. The NVC will notify the petitioner and you (the beneficiary) when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify you when you must submit immigrant visa processing fees (commonly referred to as “fee bills”) and supporting documentation.

5. Go to Your Appointment

Once a visa is available or your  priority date is current (earlier than the cut-off date listed in the monthly Visa Bulletin), the consular office will schedule you for an interview. The consular office will process your case and decide if you are eligible for an immigrant visa.

6. Notify the National Visa Center of Any Changes

You do not need to contact the National Visa Center about your petition; they will contact you for the information they need. You should, however, contact the NVC if:

• You change your address,
• You were under 21 but have now reached the age of 21, or
• You change your marital status.

These changes may affect your eligibility or visa availability.

7. After Your Visa is Granted

If you are granted an immigrant visa, the consular officer will give you a packet of information. This packet is known as a “Visa Packet.” Do not open this packet.

You will need to pay a USCIS Immigrant Fee. USCIS uses this fee to process your immigrant visa packet and produce your Green Card. We encourage you to pay the fee online after you receive your visa packet and before you depart for the United States. 

When you arrive in the United States, you should give your Visa Packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect  you and determine whether to admit you into the United States as a lawful permanent resident. If the CBP officer admits you, you will then have lawful permanent resident status and be able to live and work in the United States permanently.

8. Receive Your Green Card

If you have paid the USCIS Immigrant Fee, you will receive your Green Card in the mail after you arrive in the United States. If you do not receive your Green Card within 45 days of your arrival, please call our National Customer Service Center at 1-800-375-5283 or  make an appointment  to visit your local USCIS field office.

If you did not pay the USCIS Immigrant Fee before you arrived in the United States, you will need to pay the fee before USCIS will send you a Green Card.