What is a family based Green Card?

A family based Green Card is issued based on the fact that you have a relative who is a citizen or a lawful permanent resident of the United States.

Who is eligible to sponsor a family based Green Card?

To be eligible to sponsor a relative to immigrate to the United States you must be a citizen or a lawful permanent resident of the United States.

If I am a U.S. citizen, who can I sponsor for a family based Green Card?

As a U.S. citizen, you may petition for the following foreign national relatives to immigrate to the United States:

1. Husband or wife
2. Unmarried children under 21
3. Unmarried children over 21
4. Married children of any age
5. Brothers or sisters, if you are at least 21 years old
6. Parents, if you are at least 21 years old

If I am a lawful permanent resident, who can I sponsor for a family based Green Card?

As a lawful permanent resident, you may petition for the following foreign national relatives to immigrate to the United States:

* Husband or wife
* Unmarried children of any age

What is meant by Preference category for a family based Green Card?

Foreign nationals who want to become United States immigrants are classified into categories based on a preference system. If you are the parent, spouse or unmarried child under the age of 21 of a U.S. citizen, you do not have to wait for an immigrant visa number to become available once the visa petition filed for you is approved by the United States Citizenship and Immigration Services (USCIS). An immigrant visa number will be immediately available for you. The relatives in the remaining categories must wait for an immigrant visa number to become available according to certain preferences.

What are the Preference categories? for a family based Green Card?

You must wait for an immigrant visa number to become available according to the following preferences:

First Preference:  Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older
Second Preference:  Spouse of lawful permanent residents, their unmarried children (under 21), and unmarried sons and daughters of lawful permanent residents
Third Preference:  Married sons and daughters of U.S. citizens
Fourth Preference:  Brothers and sisters of adult U.S. citizens

I am a U.S. citizen living outside the U.S. with my alien spouse. How can I apply for her green card?

You may apply through Consular Processing at U.S. Consulate (or Embassy) abroad.

I am in the United States and my alien Spouse is outside the United States, how do we apply for her permanent residence?

You may file an immigrant visa for your alien spouse and apply for the K-3 Visa if you are U.S. citizen.

I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. However, I married a U.S. citizen. May I apply for Adjustment of Status (Green Card)?

Yes. Immediate relatives of U.S. citizens may apply for adjustment of status despite a period of overstaying a visa.

I entered the United States illegally, but I am now married to a U.S. citizen. May I adjust my status?

No, unless you are eligible to claim protection under Section 245(i).

My wife, a U.S. citizen, and I were married one year ago and she filed for permanent residency for me. She now wants a divorce. What can I do?

If your application for permanent residency has not yet been approved, your divorce will result in the denial of your application for permanent residency.

How long does it take for the Interview to be scheduled?

It depends.  Currently between 6 to 9 months after the initial filing.

What happens if my Work Permit and / or Advance Parole expire before I receive my Green Card?

You are allowed to file for the renewal of your Work Permit and Advance Parole until your Green Card is issued.

What if the petitioner (U.S. citizen) cannot meet the 125 percent minimum income requirement?

If the petitioner (U.S. citizen) cannot meet the 125 percent minimum income requirement, they require a joint sponsor.

Who can be a co-sponsor?

Basically to be a co-sponsor, a person must be a U.S. citizen or permanent resident, 18 years of age or older, and must fulfill the domicile requirement, the affidavit requirement, and the income requirement.

Can I have more than one person to be my co-sponsor?

Yes. There is no limitation on number of co-sponsors that you can have. But if you have more than one co-sponsor, each co-sponsor must submit evidence showing that he/she meets the full 125% income requirement.

Are joint sponsors required to attend the interview?

No, joint sponsors are not required to attend the interview.

What is a Conditional Green Card?

A Conditional Green Card is issued to the Beneficiary if the Beneficiary is the spouse of the U.S. citizen Sponsor and the marriage occurred less than two years before the Beneficiary is admitted as a U.S. permanent resident.

When can we  file the removal of condition for my conditional Green Card?

Both spouses need to jointly petition to remove the condition within 90 days before the second anniversary of the Beneficiary's admission as a permanent resident. Failure to do so will result in the termination of the Beneficiary's conditional permanent residence.

Can a U.S. citizen file a Green Card for stepchildren?

Yes, if the marriage occurred before the step-child's 18th birthday.

My daughter/son is over 21 years old. Is there any way that she/he can be issued an immigrant visa?

In most cases, children of visa applicants are eligible to derive status from a petition only while they are under the age of 21. However, some children who are over 21 are eligible to benefit from the Child Status Protection Act of 2002, thereby allowing them to be included in the family's visa applications.

I am a U.S. citizen, and I am over 18. May I apply for immigration for my alien sister?

No, you cannot.  As a U.S. citizen, you are eligible for filing for the immigration of your sister when you are at least 21 years old.

How long it takes to obtain a Green Card if I am a U.S. citizen and petition for my brothers and sisters?

Normally it takes 10-12 years.

I am a U.S. permanent resident. May I apply for immigration for my alien brother?

No, as an Lawful Permanent Resident, you are not eligible to apply immigration for your alien brother.

My father is a U.S. citizen, and he is filing for permanent residence for me. I am married with one son and one daughter. Should my father file separate petitions for my wife, son and daughter?

No. Your father need not file separate immigration petitions for your spouse, son and daughter. Your spouse and children will be included in the immigration petition your father is filing for you.

I am a U.S. citizen, when can I petition for my parents for a Green Card?

When you turn to 21 or older.

How can I bring my parents to live in the U.S. as permanent resident if they are overseas?

Yes. You need to file form I-130 for your parents for immigrant visa and they will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

Contact Xielaw if you have any questions.