If you are a foreign-born person with close family members in the United States, they might be able to help you immigrate (receive U.S. lawful permanent resident, also known as a "green card"). Whether you will succeed depends first on what relation the U.S. family member is to you. The closer your relationship, the more rights you have under U.S. immigration law.
Your success at getting a U.S. green card through family also depends on whether your relative is a U.S. citizen or a lawful permanent resident (green card holder). U.S. citizens can bring more distant relatives than green card holders can—their parents and brothers and sisters, for example. Also, U.S. citizens' relatives are, in many cases, allowed to immigrate faster than lawful permanent residents' relatives. This article will acquaint you with the details of:
Here are some advantages and disadvantages to getting U.S. lawful permanent residence through U.S. family relationships:
Virtually nobody, no matter how close their family relationship to someone in the U.S., goes straight from having no status to being an actual U.S. citizen. U.S. citizen status is reserved for people who have held a green card first, whether based on family or in some other category.
One thing to separately look into, however, is the possibility of having already gained citizenship automatically, through U.S. citizen parents or even grandparents. See How to Become a U.S. Citizen for more information on this.
If that doesn't work, you'll need to fit into one of the eligibility categories described below; many of which have long waits attached to them, owing to limited availability per year and high demand.
You might qualify for a green card through U.S. relatives if you fall into one of these categories:
We'll describe these in greater detail next.
Be aware, however, that no matter the category, legal and procedural problems can arise; for example, if the immigrant is legally inadmissible to the United States, or is already in deportation (removal) proceedings before an immigration judge. (But see How to Get Family-Based Green Card With I-601A Waiver While in Court Fighting Deportation.)
Immediate relative status is the best one can hope for, because immediate relatives may immigrate to the United States in unlimited numbers. They are not controlled by the annual limits or quotas that affect the "preference relative" categories (which can create years-long waits for a green card, especially for people from countries where demand for U.S. visas is high, because of per-country limits).
The following types of foreign-born people qualify as immediate relatives:
Stepparents and stepchildren qualify as immediate relatives if the marriage creating the parent/child relationship took place before the child's 18th birthday. Parents and children related through adoption may also, in some cases, qualify as immediate relatives.
Preference relative status is also a useful way to obtain a U.S. green card, but not often a fast one. Depending on demand, they might well have to wait in line, possibly for years or even decades, before claiming a green card.
You qualify as a preference relative if you fit one of the categories below:
For details on what what to expect in these categories, see How Long Is the Wait for Your Priority Date to Become Current?
In the preference categories (but not in immediate relative categories), once a U.S. citizen or resident submits an I-130 petition for a foreign-born relative, that person's spouse and children (unmarried, under the age of 21) will automatically be included in the immigration process (if they wish) as a so-called "derivative" beneficiary.
The U.S. petitioner needs only name them on the I-130 petition to start the process for them. (Eventually, however, they will have to submit their own, independent applications for an immigrant visa or green card to the U.S. consulate or USCIS.)
This derivative benefit applies to:
Also see When Children Can Immigrate to the U.S. With Their Parents as "Derivatives" and Your Relative Had Children After I-130 Approved - Can They Immigrate Too?
Again, though, the derivative benefit does not apply to family of immediate relatives. So, for example, if a U.S. citizen petitions for a foreign-born husband or wife who has children from a different relationship, the U.S. citizen will need to separately petition (file a Form I-130) for any children—which is likely possible only if they qualify as the petitioner's stepchildren.
If you're in doubt about which family members can immigrate, or would like assistance preparing the paperwork and monitoring the application through the long process of gaining approval, consult an experienced immigration attorney.
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