Do Family Members of U.S. Citizens Have the Right to a Green Card?
Becoming a permanent resident of the United States can be a complex process, but family-based immigration makes it possible. U.S. citizens can sponsor relatives, allowing them to obtain green cards and live in the country as permanent residents. Who is eligible for this? What criteria do you have to meet, and how long will it take? A Prince William County, VA immigration lawyer can answer those questions and help you understand your rights and options as you pursue a green card.
Who Can Apply for Family-Based Permanent Residence?
Immediate relatives have the highest claim in family-based immigration. They have fewer limitations than other relatives and can typically access a green card much faster. Examples of people who qualify as immediate relatives include:
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Spouses: Married couples, widows, and widowers are recognized regardless of where they were married. Widows and widowers of U.S. citizens may apply as long as they were married for two years and filed within two years of their spouse’s death.
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Children: To be a "child" under immigration law, the applicant must be under 21 and unmarried. However, if you turn 21 while an application is pending, the Child Status Protection Act may allow you to qualify as if you are still a child.
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Parents: The U.S. citizen must be 21 or older. Parents of non-citizens living as permanent residents in the U.S. do not qualify.
If you are the stepchild or stepparent of a citizen, you also qualify as an immediate relative, as long as the marriage that established the relationship occurred before the child turned 18.
Can Non-Immediate Relatives Qualify for a Green Card?
The U.S. Citizenship and Immigration Services office offers a green card for family preference immigrants. The categories of preference relatives include:
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First preference (F1): Unmarried children, aged 21 years and older, of citizens
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Second preference (F2A): Unmarried children, aged under 21, and spouses of permanent residents
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Second preference (F2B): Unmarried children, aged 21 and older, of permanent residents
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Third preference (F3): Married children of citizens
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Fourth preference (F4): Siblings of citizens, if the citizen is 21 or older
When a citizen or resident files a petition for a preference relative, the relative’s children and spouse can be included in the process as "derivative" family members. The petitioner may include their names on the documentation. This derivative allowance can apply to first, second, third, and fourth preference cases under specific circumstances.
Can You Be a U.S. Citizen Without the Green Card First?
Foreign-born family members must go through the green card process before becoming U.S. citizens. This is true for virtually every form of immigration. The process can be tedious, and some applications can take years to come to fruition. That is why filing as quickly as possible is crucial.
Contact a Prince William County, VA Immigration Attorney
Navigating the immigration process is often challenging, but knowing your rights and having experienced legal representation can give you the upper hand. Regardless of your relation to a citizen and how long you may need to wait for an answer, an experienced Fairfax, VA immigration lawyer at The Estevez Group, PC can help alleviate the burden of applying. Call 703-202-1660 to schedule your free consultation with a caring legal representative today and take the first step toward bringing your family together in the U.S.
