If I Have a Family Member in the U.S., am I Eligible for a Green Card?

 Posted on July 24, 2020 in Immigration

Many foreigners come to the United States looking to start a new life by becoming permanent, lawful residents. Maybe you are a student hoping to study at an American university, a person seeking more employment opportunities or a parent who wants a better life for their family. Anyone looking to become a lawful permanent U.S. resident will need to properly apply and obtain a Green Card. For those with family members who are already U.S. citizens or permanent residents, they are eligible to begin the immigration application process with the help of their family and an experienced attorney. Since the immigration process is very detail-oriented, time consuming and momentous to those looking to become permanent residents, it is important to have an immigration lawyer working by your side.

Green Card vs. Citizenship

The difference between lawful permanent residents, also known as Green Card holders, and U.S. citizens can be confusing for those considering immigrating to the United States. Those with Green Cards are not considered U.S. citizens, but are able to legally reside and work within the U.S.. The main difference between permanent residents and U.S. citizens is their ability to vote in U.S. elections. Citizens are able to vote, while permanent residents are not able to do so. Permanent residents are also unable to travel outside of the United States for a prolonged period of time as it could affect their residency status. Additionally, Green Card holders are not eligible for all forms of federal assistance until they have resided in the U.S. for at least 5 years. There are a number of ways that one can become eligible to obtain their Green Card, but it is important to know which category of familial relatives you fall under so that the application is properly completed.

Immediate Relative Immigrants

Immediate relatives of U.S. citizens have the ability to obtain their Green Card based on their relationship with their family member. This is an option to try and keep families together. If you meet any of the following descriptions, you are considered an immediate family member.

A U.S. citizen’s spouse

Unmarried children of U.S. citizens who are under the age of 21

A parent of a U.S. citizen as long as the citizen is 21 years or older

Those whose spouse, who was a U.S. citizen, has passed away may also be considered an immediate relative immigrant. They must have been married at the time of the citizen’s death and the Green Card applicant must provide proof of the marriage when applying for lawful permanent resident status. You must prove that you entered the marriage in good faith, not to simply obtain your Green Card.

Family Preference Immigrants

For those who have American family members who are not considered immediate relatives, they must fall under the following “family preference” categories to be considered eligible for a Green Card based on their familial connections:

First Preference: children of U.S. citizens who are unmarried and at least 21 years old.

Second Preference (F2A): children who are unmarried and under the age of 21 and spouses of lawful permanent residents.

Second Preference (F2B): children of lawful permanent residents who are unmarried and at least 21 years old.

Third Preference: married children of U.S. citizens.

Fourth Preference: siblings of U.S. citizens if the citizen is at least 21 years old.

Call an Illinois Immigration Attorney

Applying for your Green Card can be the most important and nerve-wracking request that one can make. Improperly submitting the paperwork or choosing the wrong forms to fill out can leave you empty handed. Family members of U.S. citizens and permanent residents are given an advantage over those blindly applying for their Green Card. At Mevorah & Giglio Law Offices, our legal team works tirelessly to keep families together and safe within the United States. We have extensive experience in all types of Green Card and citizenship applications, including the two categories of family-based applications. If you would like to become a permanent resident, contact our Illinois immigration lawyers at 630-932-9100 to schedule your free consultation.